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2025 DAILYLAW 149361 (ALL)

BANKE LAL MAURYA v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION AND 7 OTHERS

WRIA/5068/2023 · 2025-04-11

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20773 Court No. - 3 Case :- WRIT - A No. - 5068 of 2023 Petitioner :- Banke Lal Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And 7 Others Counsel for Petitioner :- Prabhat Kumar,Om Prakash Mani Tripathi,Sandeep Kumar Mishra Counsel for Respondent :- C.S.C.,B.K. Singh,B.K.Singh,Pratul Gupta,R.K.S. Suryavanshi,R.K.Singh,Vikrant Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri O.P.M. Tripathi, learned counsel for the petitioner and Sri Raghvendra Singh holding brief of Sri Brijesh Kumar, Advocate learned counsel for the opposite party. By means of this petition the petitioner has prayed following relief : "i. A writ, order or direction in the nature of certiorari for quashing transfer order dated 30.06.2023 (Annexure No.1) issued by Additional Director Education (Secondary) U.P. - opposite party no.3. ii. A writ, order or direction in the nature of mandamus directing the opposite party no.6 District Inspector of Schools Lucknow and opposite party no.8 Committee of Management Sohan Lal Inter College, Rajendra Nagar, Lucknow to allow the petitioner as adhoc Principal till duly selected candidate comes from board." At the very outset the learned counsel for the petitioner has stated that he is not pressing the aforesaid reliefs at this stage as these reliefs may be treated as not pressed and the petitioner may claim those reliefs later on. Learned counsel for the petitioner has, therefore, submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 3 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time. With the consent of parties the writ petition is disposed of finally at the admission stage. Therefore, without entering into the merits of the issue and without interfering the impugned order dated 30.6.2023, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no. 3 i.e. Addl. Director of Education, U.P. Secondary Education, Prayagraj, taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of six weeks from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.] Order Date:- 11.4.2025 Om. Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench