SMT NAMITA JAISWAL AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/11668/2025 · 2025-10-29
body2025
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[ 2025 DAILYLAW 171215 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171215 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11668 of 2025 Court No. - 35 HON'BLE PRAVEEN KUMAR GIRI, J.
1. The petitioners have filed the present writ petition with the following reliefs:
"I. Issue, a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.07.2025 passed by respondent no. 2 i.e. District Basic Education Officer, Azamgarh (Annexed as Annexure No. 1 to this writ petition. II. Issue, a writ, order or direction in the nature of mandamus, commanding/directing the Respondent Authorities to permit the petitioners to perform and discharge their duties as Assistant Teachers in the institution in question and not to interfere in the peaceful functioning of the petitioners as Assistant Teachers in the institution in question."
2. The learned counsel for the petitioners submits that the petitioners have challenged the order dated 30.07.2025 by which they were restrained from entering in the premises of the institution for teaching work. This Hon'ble Court vide order dated 13.08.2025 observed that an absurd order dated 30.07.2025 had been passed by the District Basic Education Officer, Azamgarh, restraining the petitioners from entering in the institution. This Court has further directed to the respondent no. 5 i.e. Director of Education (Basic), Uttar Pradesh, at Prayagraj to call for an explanation from the District Basic Education Officer, Azamgarh, regarding his conduct as mentioned above. The conduct of the District Basic Education Officer, Azamgarh, is contemptuous in nature. The order dated 13.08.2025 is delineated below: Versus Counsel for Petitioner(s) : Grijesh Tiwari Counsel for Respondent(s) : Om Prakash Verma, Om Prakash Yadav, C.S.C. Smt Namita Jaiswal And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
"1. Supplementary affidavit, filed by learned counsel for the petitioners, is taken on record. 2. Learned counsel for the petitioners prays for and is permitted to implead Director of Education (Basic), U.P. at Prayagraj, as respondent no. 5., in the array of parties, during the course of the day. 3. This Court has passed an order, in Writ-A No. 9803 of 2025, in which a direction was issued to Director of Education (Basic), U.P, Prayagraj, to conclude the inquiry, regarding appointment of all the petitioners therein. However, an absurd order, dated 30.07.2025, has been passed by the District Basic Education Officer, Azamgarh, by means of which he has stopped entry of the petitioners in the concerned institution.
The said conduct of District Basic Education Officer, Azamgarh, is contemptuous in nature. 4. On the aforesaid, learned Additional Chief Standing Counsel, Mr. Ashish Kumar Nagvanshi, requests a week's time to obtain instructions. 5. This Court directs respondent no. 5-Director of Education (Basic), U.P. at Prayagraj to call an explanation from District Basic Education Officer, Azamgarh, regarding his conduct, as mentioned above, and also to take appropriate action against District Basic Education Officer, Azamgarh, further placing a report before this Court, on the next date fixed, as to what action has been taken. 6. Put up this case on 21.08.2025 as fresh along with Writ-A No. 9803 of 2025."
3. The District Basic Education Officer, Azamgarh, by order dated 14.08.2025 has withdrawn the earlier order dated 30.07.2025 by which he had stopped the entry of the teachers in the institution. The recalling order dated 14.08.2025 has been annexed as Annexure No. 3 along with the personal affidavit filed by the District Basic Education Officer, Azamgarh. 4. As the impugned order dated 30.07.2025 has been recalled vide order dated 14.08.2025 by the Basic Education Officer, Azamgarh, therefore, no cause of action survives. 5. Accordingly, the writ petition is disposed of and consigned to record. October 30, 2025 K.K. Maurya WRIA No. 11668 of 2025 2 (Praveen Kumar Giri,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad