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2025 DAILYLAW 172572 (ALL)

ADITYA KUMAR AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/15439/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15439 of 2025 Court No. - 35 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This writ petition has been filed with the following prayers: "i) a writ, order or direction in the nature of certiorari quashing the rejection of the applications of the petitioners for compassionate appointment indicated in the On Line status (Annexures-7 & 8 to the Writ Petition); ii) a writ, order or direction of suitable nature commanding the respondents to forthwith grant compassionate appointment to the petitioners against teaching posts in consonance with the qualification possessed by the petitioners within the period to be specified by this Hon'ble Court; iii) a writ, order or direction of suitable nature commanding the respondents to permit the petitioners to function as Assistant Teacher in Prathmik Vidyalay run by Board of Basic Education, U.P. and pay the petitioners their regular monthly salary regularly every month; iv) any other relief as this Hon'ble Court may deem fit and proper in the facts & circumstances of the case." 3. Learned counsel for the petitioners submits that the impugned order rejecting the claim of the petitioners has been passed without assigning any reasons and is, therefore, a non-speaking order.. Versus Counsel for Petitioner(s) : Siddharth Khare, Sr. Advocate Counsel for Respondent(s) : C.S.C., Shivendra Singh Bhadauria Aditya Kumar And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) 4. As against this, learned counsel for the respondent, District Basic Education Officer, Fatehpur, submits that the applications of the petitioners have been rejected through online portal and the portal does not provide for an option for mentioning a detailed reasoning. He, however, submits that if the petitioners submit an application physically, the same shall be considered and decided by the BSA, Fatehpur. 5. Learned counsel for the petitioners submits that the petitioners are ready to submit an application physically to the District Basic Education Officer, Fatehpur within a period of one week. 6. In light of the above, if the petitioners submit such an application within a period of one week from today, the District Basic Education Officer (BSA), Fatehpur shall consider and decide the claim of the petitioners by passing a reasoned and speaking order physically, and not through the online portal, within a period of three weeks from the date of receipt of such applications. The BSA, Fatehpur, shall also communicate the said order to the petitioners through registered post or by any other appropriate means. 7. With the above directions, this writ petition is disposed of. October 29, 2025 DKS WRIA No. 15439 of 2025 2 (Praveen Kumar Giri,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad