TILAK PRASAD v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDU. GOVT. OF U.P. LKO. AND 5 OTHERS
WRIA/6787/2025 · 2025-06-06
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145402 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145402 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34818 Court No. - 3 Case :- WRIT - A No. - 6787 of 2025 Petitioner :- Tilak Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 6780 of 2025 Petitioner :- Ajay Singh Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard. 2. With the consent of the parties, the matter is being decided finally. 3. Learned counsels for the parties contend that the issue involved in both the writ petitions is same. As such, the Court proceeds to hear both the writ petitions together and they are being decided by way of a common judgement. 4. For convenience, facts of WRIT - A No. - 6787 of 2025 are being taken. 5. The contention of learned counsel for the petitioner is that the petitioner while working as Assistant Teacher (Sanskrit) had applied for transfer on portal from District Bahraich to District Amethi. The same was duly approved by the competent authority as per the information available online, a copy of which has been filed as Annexure-7 to the petition (Page-40). 6. However, on account of technical glitch of the N.I.C., the same was not indicated on the official website. 7. Being aggrieved, the petitioner approached this Court by filed Writ A No.7707 of 2024 In Re Tilak Prasad vs State of U.P. & Ors. The court vide order dated 12.09.2024, a copy of which is Annexure-9 to the petition, had disposed of the writ petition with a direction to the the respondents to consider the representation of the petitioner. 8.
Subsequent thereto, even though cases of the other persons for whom the technical glitch had been noticed, have been corrected by the respondents vide the orders dated 05.07.2024 and 17.10.2024, copies of which are Annexure-13 to the petition, yet by means of the impugned order dated 13.05.2025 the claim of the petitioner has been rejected although admitting that there has been a technical glitch at their end, on the ground that as substantial time has lapsed and a new transfer policy has been issued as such the claim of the petitioner cannot be considered at this stage. 9. The argument of the learned counsel for the petitioner is that once the respondents themselves have admitted that the fault is at their end and with respect to persons similarly circumstanced, as indicated above, claim of such persons have been considered as such there cannot be any occasion for the respondents to reject the claim of the petitioner on the aforesaid ground more particularly when there is
order of this Court dated 12.09.2024 and the respondents on their own accord have corrected the application of other teachers which has been done on 17.10.2024 i.e. subsequent to the order passed by the writ Court.
10. There is no objection on behalf of the learned Standing Counsel of the technical glitches having been found at their end and having been corrected by means of the orders dated 05.07.2024 and 17.10.2024 of which one of the order dated 17.10.2024 is subsequent to the order passed by this Court.
11. Considering the aforesaid more particularly when the respondents
in the order impugned specifically admit a fault at their end and the fact that with respect to the other persons similarly circumstanced the said fault has been rectified even subsequent to the order passed by the writ court as such the order rejecting the claim of the petitioner on the ground that substantial period of time has lapsed and a new transfer policy has been issued, cannot be said to be in accordance with law and would be patently in violation of Article 14 & 16 of the Constitution of India. Therefore, impugned order dated 13.05.2025, a copy of which is Annexure-1 to the petition, is quashed. The writ petition is allowed.
12. Respondent No.2 i.e. Director of Education (Secondary), U.P., Prayagraj is directed to pass a fresh order, keeping in view the observations made above. Let such a order be passed within a period of four weeks from the date of receipt of a certified copy of this order.
Order Date :- 6.6.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench