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2025 DAILYLAW 172477 (ALL)

COMMITTEE OF MANAGEMENT KAUSHALAYA DEVI JAISWAL INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/36610/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36610 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Pradeep Verma, learned counsel for the petitioners and Sri Vaibhav Tripathi, learned Standing Counsel for State-respondents. 2. The Court finds there is merit in argument of learned Senior Counsel for the petitioner that the ground for order of single operation by an order dated 18.02.2025 passed by District Inspector of Schools is not now available since the child care leave and salary of one employee has already been paid through single operation and now in garb of deciding a representation in pursuance of an order passed by this Court, the representation has been rejected by impugned order on other various grounds, which was not subject matter of any complain or enquiry. Otherwise also, the grounds mentioned in impugned order would not be a ground to pass an order for single operation. The grounds are such that one employee has been called for domestic help by the Manager. That ground can be a subject matter of other inquiry, if any, in accordance with law. 3. Sri Vaibhav Tripathi, learned Standing Counsel has tried to convince the Court, however on basis of grounds mentioned in impugned order, has failed to do so. 4. In the aforesaid circumstances, impugned order dated 04.09.2025 as well as order of single operation dated 18.02.2025 are set aside, however, respondent-DIOS will have always a liberty to initiate any enquiry, if any Versus Counsel for Petitioner(s) : Manju Verma, Pradeep Verma Counsel for Respondent(s) : C.S.C. Committee Of Management Kaushalaya Devi Jaiswal Inter College And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) complain is received or on grounds mentioned in the impugned order, in accordance with law. 5. Writ petition is, accordingly, disposed of with aforesaid observations. October 28, 2025 Manish Himwan WRIC No. 36610 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad