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Neutral Citation No. - 2025:AHC:80714-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 94 of 2025 Appellant :- Committee Of Management Of Victoria Inter College, Ghatiya Azam Khan Khan And Another Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Nitinjay Pandey Counsel for Respondent :- C.S.C.,Prashant Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Learned Single Judge has allowed the writ petition A No. 16986 of 2024, vide order dated 22.1.2025, and directed the matter relating to grant of permission for transfer of writ petitioner to be considered by the Additional Director of Secondary Education, Uttar Pradesh. Thus aggrieved, the Committee of Management is before us in this appeal challenging the direction, aforesaid.
2. A preliminary objection is raised by Sri Prashant Shukla, learned counsel for the respondent, regarding maintainability of the writ petition on the ground that Committee of Management is not in effective control and an authorised controller is supervising the Institution.
3. Learned counsel for the appellant disputes this fact and states that payment of salary to the teachers is by way of single operation but no authorised controller is appointed.
4. Be that as it may, in the facts and circumstances of the case, we find that learned Single Judge has only directed the claim of the respondent for transfer to be considered by the competent authority i.e. the Additional Director. All issues including existence of vacancy etc. are open to be determined by the Additional Director.
5. At this stage of the proceedings, we, therefore, are not inclined to entertain the present appeal at the instance of the Committee of Management.
6. The special appeal is consequently consigned to records. Order Date :- 15.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad