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2025 DAILYLAW 33424 (ALL)

ANITA DEVI v. STATE OF U.P. AND 5 OTHERS

WRIA/10422/2019 · 2025-05-19

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84385 Court No. - 6 Case :- WRIT - A No. - 10422 of 2019 Petitioner :- Anita Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arshad Ullah,Jamal Ahmad Khan,Rohit Sharma,Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Jamal Ahmad Khan, learned counsel for petitioner, after arguing for some time, fairly submits that even it is considered that impugned order cannot be interfered, still in terms of judgment of Supreme Court in State of U.P. and others vs. Pawan Kumar Divedi and others, (2014) 9 SCC 692, the B.S.A. concerned is under legal obligation to conduct a fresh inspection in order to verify whether on basis of strength of students, there is a requirement of teachers or not in terms of fixed criteria, however, same exercise has not been done in present case. 2. Sri Lal Mani, learned Standing Counsel submits that fresh inspection will be conducted only if there is a representation on behalf of Management of concerned school, however, in present case, no such representation is moved by Management concerned. 3. Considering aforesaid circumstances and taking note of submissions, without interfering with impugned order, this writ petition is disposed of with an observation that in case Committee of Management or the petitioner herself moves a representation through proper channel disclosing legal and factual position, so far as fresh inspection is concerned, before concerned respondent, the concerned respondent, if under a legal obligation, will conduct an inspection and in view of its report, he will pass a reasoned decision/order. 4. Writ petition stands disposed of with above observations. Order Date :- 20.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad