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2025 DAILYLAW 52873 (ALL)

PARAS GOSWAMI, ASSISTANT TEACHER v. STATE OF UP AND 5 OTHERS

WRIA/6045/2025 · 2025-05-05

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72295 Court No. - 6 Case :- WRIT - A No. - 6045 of 2025 Petitioner :- Paras Goswami, Assistant Teacher Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Gyanendra Kumar Srivastava,Krishna Kumar Dwivedi Counsel for Respondent :- C.S.C.,Gaurav Bishan Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri K.K. Dwivedi, learned counsel for petitioner and Sri Gaurav Bisen, Advocate for Respondents-3 and 4. 2. Petitioner is essentially challenging that Respondent-6 was allowed to work at Primary School, Jawali-I, Block Loni, District Ghaziabad despite an order dated 12.07.2019 (wrongly mentioned in prayer as 22.07.2019) was passed. 3. Petitioner has never taken any objection for last six years except some representations and now he has approached this Court that if said respondent is allowed to work at aforesaid School, petitioner’s future prospect for promotion would adversely be affected. 4. Learned counsel for petitioner refers a representation filed before concerned respondent on 09.10.2024. 5. Learned counsel appearing for Respondents-3 and 4 submits that petitioner’s grievance is not very clear as well as he has no locus to challenge if Respondent-6 is still working in same school and he is not aware how said respondent is not qualified to work in said school, except a letter dated 12.07.2019. 6. I have considered the above submissions. Petitioner is not able to show how he is adversely affected if Respondent-6 is allowed to work in said School. Reference is made to a letter dated 12.07.2019 issued by District Basic Education Officer, Ghaziabad wherein Respondent-6 alongwith others were shown not selected to remain as Assistant Teachers in a School where teaching is now through English medium and it was directed that after taking options such Assistant Teachers be transferred to other place. However, it is not clear, whether said order was executed with regard to all Teachers whose names were mentioned therein. 7. In aforesaid circumstances, there is an ambiguity in submissions and records. Still considering that it may be a case that petitioner’s future promotional prospect may adversely affected, therefore, an opportunity is granted to petitioner to file a detail representation and submit by way of Dasti at the office of concerned respondent within four weeks from today, and in such event, the concerned respondent will consider the grievance of petitioner in accordance with law, after affording opportunity to petitioner as well as Respondent-6 also. 8. With aforesaid observations, this writ petition is disposed of. Order Date :- 6.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad