Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 43809 (ALL)

RANVIR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/13749/2023 · 2025-03-11

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:36230 Court No. - 7 Case :- WRIT - A No. - 13749 of 2023 Petitioner :- Ranvir Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhinav Jaiswal,Kalpana Singh,Mamta Singh,Preet Pal Singh Rathore,Rajesh Singh,Shweta Tiwari Counsel for Respondent :- Hare Ram Hon'ble Prakash Padia,J. 1. Supplementary affidavit filed today in the Court, the same is taken on record. 2. Heard Smt. Kalpana Singh along-with Ms. Arpana Ray, learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of Respondent Nos. 1 & 2 as well as Shri Hare Ram, learned counsel appearing on behalf of Respondent Nos. 3, 4 & 5 and perused the record. 3. Order dated 03.02.2016 passed by the Respondent No. 4/ District Basic Education Officer, Etawah is under challenge in the present writ petition. 4. By the aforesaid order, petitioner's services has been removed. 5. It is argued by the counsel for the petitioner that before passing the aforesaid order, the procedure prescribed in law has not been followed and the order has been passed in complete violation of principles of natural justice. 6. On the other hand, it is argued by the learned Standing Counsel that against the order impugned, alternative remedy is available to the petitioner to file statutory appeal as provided under Rule 5 of the U.P. Basic Educational (Staff) Rules, 1973. 7. Heard counsel for the parties and perused the record. 8. From perusal of the record, it transpires that there are certain factual dispute in the matter that whether the educational certificate submitted by the petitioner at the time of his appointment was checked or not. The Court is of the opinion that this issue can be dealt with by the appellate authority. 9. In this view of the matter, the Court is of the opinion that since the statutory alternative remedy is available to the petitioner to file an appeal as provided under Rule 5 of the U.P. Basic Educational (Staff) Rules, 1973, the present writ petition is liable to be dismissed. 10. In case the petitioner will file an appeal before the appellate authority within a period of six weeks' from today, the appellate authority will consider and decide the same on merits and pass appropriate orders within a period of three months thereafter. 11. It is made clear that the appellate authority will not be dismissed the appeal only on the ground of laches. 12. With the aforesaid observations, the writ petition is disposed off. Order Date :- 12.3.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad