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2025 DAILYLAW 57174 (ALL)

DEEPSHIKHA AWASTHI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIA/6498/2025 · 2025-05-12

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77600 Court No. - 7 Case :- WRIT - A No. - 6498 of 2025 Petitioner :- Deepshikha Awasthi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lakshman Tripathi,Shivendu Ojha Counsel for Respondent :- C.S.C.,Shesh Kumar Srivastava Hon'ble Vikram D. Chauhan,J. 1. Heard learned Senior Advocate appearing on behalf of petitioners, learned counsel for respondent-University and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "A. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 21.04.2025 passed by respondent no.3 i.e. District Inspector of schools Auriaya (Annexure no.1 to this writ petition). B. Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to grant financial approval to the petitioner and also pay salary in respect of the services of the petitioners." 3. It is submitted by learned Senior Advocate appearing on behalf of petitioners that petitioners are duly selected for the post of Teachers in the respondent-University and their appointment were approved by order dated 25.6.2022, however, when the matter went to District Inspector of Schools for payment of salary, the same has not been approved and the matter has been referred to respondent-University on the ground that there is one post of Principal and three post of Teachers were sanctioned in the institution, out of which, one Teacher and one Principal are already working and therefore, selection has been made beyond the post sanctioned and vacant. The matter has been referred to respondent- University and therefore, it is the respondent-University, who has to take decision. 4. Learned counsel for respondent-University submits that the decision in respect of reference/request of District Inspector of Schools would be made in a time bound manner. 5. Learned Standing Counsel has no objection. 6. Accordingly, the respondent-University is directed to accord consideration to the reference made by District Inspector of Schools by letter dated 8.4.2025 and submit response to District Inspector of Schools, within a period of four weeks form the date of production of a certified copy of the order. 7. In the event, reply/response has been submitted by University to District Inspector of Schools, Auraiya, the District Inspector of Schools shall accord consideration for payment of salary in accordance with law. 8. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. 9. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 13.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad