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Neutral Citation No. - 2025:AHC:65999 Court No. - 6 Case :- WRIT - A No. - 5611 of 2025 Petitioner :- Ms. Kumkum Goyal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Yunus Khan,Sanjeev Singh Counsel for Respondent :- C.S.C.,Rishu Mishra,Shivendra Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Sanjeev Singh, learned counsel for the petitioner, Sri Shivendra Kumar Singh, Ms. Rishu Mishra and Sri Abhishek Srivastava on behalf of respondents.
2. There are various arguments raised before this Court. However, at this stage since the counsel for respondents has not disputed that he is following the circular dated 11.12.2020 which requires approval of any adverse order against any contractual appointee or any teacher working in Kasturba Ganghi Residential School by the District Magistrate, however, no detail of it was mentioned in the impugned order. 3.Learned counsel for the respondents has placed reliance on a document wherein District Magistrate/CDO has to put his signature on the report. However, it does not disclose as to whether it would be sufficient to treat it as an approval, since there must be some application of mind which is missing in the present case. 4 In the aforesaid circumstances, impugned order dated 1.4.2025 being without requisite approval of District Magistrate/CDO is hereby set-aside. However, respondents will have liberty to place their case again and concerned respondent after considering the report and application of mind will pass an appropriate order after giving reasons to grant approval or not to grant approval in respect of renewing/extending the services of the petitioner as full time teacher.
5. Petitioner is at liberty that if she has suffered sexual harassment by any employee or any other person, she can lodge an F.I.R.
6. Concerned District Basic Shiksha Adhikari is put on caution that any caveat filed on his/her behalf can be considered as an adverse
factor against him.
7. This order shall not be considered that petitioner's services has been renewed.
8. With aforesaid direction, this writ petition is disposed of. Order Date :- 29.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad