RAKESH KUMAR AND 28 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF BASIC EDU. LKO. AND 4 OTHERS
WRIA/9436/2025 · 2025-11-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174201 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174201 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9436 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Mr. Ran Vijay Singh, learned counsel for respondent nos. 3 to 5, Mr. Rajiv Kumar Singh, learned counsel for respondent nos. 1 & 2 and perused the record. Instant petition has been filed with the following reliefs:-
"i) Issue a writ, order or direction in the nature of Certiorari to quash the Government order dated 25.06.2025 to the the extent it says that further proceeding be ensure also in accordance with Government order No- 1855/79-5-2000- 400(3)/2006 dated 07.07.2006 however, Government order dated 07.07.2006 had already been quashed by this Hon'ble Court at Allahabad in Writ A No- 18586/2019[Brij Bihari Agarwal and 13 others vs State of UP and 3 others] on 29.01.2020, which is contained as Annexure No.1. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure the further proceedings in accordance with Government
order No- 3980/15-5/2000-269/99 dated 27.07.2000 within a stipulated time framed by this Hon'ble Court. iii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties first to take options from the Petitioners as well as other similarly situated persons in pursuance of Government order dated 27.07.2000(Annexure no.2) and only those teachers will be transferred/adjusted in Rural Area who will give their option for their transfer in Rural area and not to transfer the Petitioners in Rural Area because they do not want their transfer in rural area from the urban area. iv) Any other order or direction deemed just and proper in the circumstances of the case, may also be passed. Versus Counsel for Petitioner(s) : Durga Prasad Shukla Counsel for Respondent(s) : C.S.C., Ran Vijay Singh Rakesh Kumar And 28 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Basic Edu. Lko. And 4 Others .....Respondent(s)
v) Allow the writ petition with costs." The present petition has been filed challenging the Government Order dated 25.06.2025 to the extent of ensuring the proceedings in accordance with the Government Order dated 07.07.2006. Mr. Ran Vijay Singh, learned counsel for respondent nos. 3 to 5 submits that the part of the Government Order to the extent of ensuring proceedings in accordance with the earlier Government Order dated 07.07.2006 has been modified vide Government Order dated 21.10.2025 and a circular has also been issued subsequently on 27.10.2025. The copies of the Government
Order dated 21.10.2025 and circular dated 27.10.2025 are placed before this Court and the same are taken on record. Referring to the aforementioned, he submits that now the writ petition has become infructuous as the part of the Government Order dated 25.06.2025 has been amended by Government Order dated 21.10.2025, therefore, the writ petition has lost its efficacy and is liable to be dismissed.
Learned counsel appearing for the petitioners has made innocuous prayer that respondent no. 2 may be directed to proceed promptly in accordance with the Government Order dated 21.10.2025. Upon considering the submissions of counsel for the parties, it is apparent that the Government Order dated 25.06.2025 has been modified vide issuing subsequent Government Order dated 21.10.2025, therefore, the grievance of the petitioners has been redressed, thus, the writ petition is hereby dismissed as having become infructuous. Needless to say that respondent no. 2 shall proceed promptly in accordance with the Government Order dated 21.10.2025. November 12, 2025 Mayank WRIA No. 9436 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench