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2025 DAILYLAW 49885 (ALL)

SMT. RITU v. STATE OF U.P. AND 3 OTHERS

WRIA/5626/2025 · 2025-04-29

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67524 Court No. - 6 Case :- WRIT - A No. - 5626 of 2025 Petitioner :- Smt. Ritu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anirudh Upadhyay,Ashok Kumar Upadhyay,Yasharth Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ashok Kumar Upadhyay, learned counsel for petitioner and Sri Ashish Kumar Nagwanshi, Advocate for Respondent-3. 2. Petitioner is a full time contractual Teacher in Kasturba Gandhi Awasiya Balika Vidyalay, Sahjanwa, Gorakhpur and on the fateful day she was discharging duties as Warden also. Being a Warden of a Hostel, she was required to take care of students. In the night of 23.01.2025 one student fell ill, however, petitioner has not taken her soon to Hospital despite an information to her and instead provided some domestic treatment to student. In the next morning said student was found dead. 3. In aforesaid circumstances, on basis of complaint of parents of deceased student, an inquiry was conducted and petitioner’s reply was also noted. It was found that petitioner, being a Teacher and Warden, was required to take immediate steps when said student fell ill and since she admittedly has not taken any step to refer her to Hospital and student found dead on next morning, therefore, it was a serious dereliction in duties. On basis of a detail inquiry report, petitioner’s contract for the year 2025-26 was not extended. 4. Learned counsel for petitioner submits that a procedure is prescribed in guidelines issued in 2022 for employees of Kasturba Gandhi Awasiya Balika Vidyalay, which also include under what circumstances a contract may be renewed, however, it appears that said guidelines are applicable for State of Bihar and said document, in its entirety, is not annexed alongwith this writ petition. 5. Petitioner was a contractual appointee. Principle of natural justice was substantially complied since admittedly during inquiry statement of petitioner was recorded which was not found satisfactory. It is a case where a student has died and petitioner despite having knowledge that on preceding night said student was not well, has only applied some domestic treatment and has not rushed her to Hospital for proper treatment. Such nature of conduct on face of it shows that petitioner has not acted responsibly. 6. In aforesaid circumstances, since petitioner’s contract is not renewed after conducting detail inquiry wherein her statement was also recorded and a decision was taken, therefore, it cannot be interfered in writ jurisdiction. 7. Writ petition is accordingly dismissed. Order Date :- 30.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad