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2025 DAILYLAW 55379 (ALL)

JITENDRA KUMAR MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIA/6410/2025 · 2025-05-11

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76907 Court No. - 7 Case :- WRIT - A No. - 6410 of 2025 Petitioner :- Jitendra Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Tanuj Shahi Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 2. The present writ petition has been filed with the following prayers :- "i. Issue a writ, order or direction in the nature of certiorari to quash the order dated 16.04.2025 passed by District Inspector of Schools, Deoria respondent No. 3 (Annexure No. 7 to this writ petition). ii. Issue a writ, order or direction in the nature of Mandamus directing the respondents not to interfere with the working of the petitioner as officiating Principal of Acharya Ramchandra Shukla Inter College Saraon, District Deoria. iii. Issue a writ, order or direction in the nature of Mandamus directing the respondents to the petitioner to pay his salary to the post of officiating principal of the college as when and it falls due." 3. Learned counsel for the petitioner submits that impugned order has been passed against the petitioner without giving opportunity of hearing to the petitioner. Learned counsel for the petitioner further submits that on 31.3.2025 there was a holiday on account of Eid, therefore, the petitioner could not participate. 4. Learned counsel for respondent no. 5 does not dispute the fact that impugned order has been passed without giving opportunity of hearing to the parties and submits that matter may be remanded back to the District Inspector of Schools, Deoria - respondent no. 3. 5. Learned counsel for the petitioner has no objection. 6. Accordingly, the impugned order dated 16.04.2025 passed by District Inspector of Schools, Deoria - respondent no. 3 is hereby set aside and the matter is remanded back to District Inspector of Schools, Deoria - respondent no. 3 for decision afresh after hearing the parties within a period of one month from the date of production of certified copy of this order. 7. The writ petition is allowed. Order Date :- 12.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad