KIRAN RAI AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/5220/2025 · 2025-05-07
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46230 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74469 Court No. - 7 Case :- WRIT - A No. - 5220 of 2025 Petitioner :- Kiran Rai And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Vashishtha Dhar Shukla Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers:-
"i) a writ, order or direction in the nature of certiorari quashing the order dated 04.04.2025 passed by the District Inspector of Schools, Mau (Annexure-11 to the Writ Petition); ii) a writ, order or direction of suitable nature commanding the respondents not to interfere in the working of the petitioners as Assistant Teacher in L.T. Grade in Fatehpur Girls Intermediate College, Fatehpur Tal Ratoy, Mau and to pay the petitioners their regular monthly salary regularly every month from government grant; iii) a writ, order or direction of suitable nature commanding the respondents to disburse to the petitioners arrears of their salary from 07.09.2015 till date within the period to be specified by this Hon'ble Court."
3. Learned counsel for the petitioners submits that petitioners were selected on the post of Assistant Teacher in L.T. Grade in the year 2015 and papers were sent to the District Inspector of Schools, Mau for approval, however, approval has been rejected. Learned counsel for the petitioners further submits that on 4.4.2025 approval has been denied on the ground that their appointments in the minority institution have been kept in abeyance. Learned counsel for petitioners further submits that appointment of petitioners is of the year 2015 when there was no such vacant post. However, against two vacant posts as has been recorded in the impugned order, the present appointment has been made and as
such the petitioners are duly selected candidates. Learned counsel for the petitioners further submits that while passing the impugned
order no opportunity of hearing was given to the petitioners.
4. Learned Standing Counsel for the respondent-State on instructions submits that in the Institution in question there was no vacant post.
5. Perusal of the impugned order would go to show that petitioners were neither given any opportunity of hearing nor it has been determined as to whether there were sanctioned strength of the Institution in question and whether the petitioners were appointed after following the due process of law.
6. In view of the aforesaid, the impugned order dated 4.4.2025 passed by the District Inspector of Schools, Mau - respondent no. 2 is set aside and the matter is remanded back to the District Inspector of Schools, Mau - respondent no. 2 for decision afresh. This exercise shall be completed within period of two months after giving due opportunity of hearing to the petitioners as well as the Committee of Management - respondent no. 4.
7. With the aforesaid observation/direction, the writ petition stands
disposed of.
Order Date :- 8.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad