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2025 DAILYLAW 57623 (ALL)

PRASHANT KUMAR DWIVEDI v. STATE OF U.P. AND 2 OTHERS

WRIA/6585/2025 · 2025-07-23

Mayur Jain Jt Registrar J Listing

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121765 Court No. - 32 Case :- WRIT - A No. - 6585 of 2025 Petitioner :- Prashant Kumar Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Sarthak Ahuja Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayers:- "i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 26.04.2025, passed by the District Inspector of Schools, Kannauj, respondent no. 3 (Annexure No. 1 to the writ petition). ii. Issue a writ, order or direction in the nature of Mandamus commanding the District Inspector of Schools to forthwith forward his recommendation in relation to the petitioner to the Joint Director of Education for further direction that the Joint Director of Education may transfer the petitioner within shortest period of time from Mahatma Gandhi Inter College Madhpura, District Kannauj to Geetika Rastogi Higher Secondary School, District Farrukhabad. " 2. In pursuance of order dated 14.05.2025, learned Standing Counsel for the State has received instructions from the D.I.O.S., Kannauj, which has been placed before this Court. The same is taken on record. 3. As per the instructions received, the proposal has already been forwarded to the Joint Director of Education, Kanpur region, Kanpur on 27.06.2025. 4. Sri Prabhakar Awasthi, learned counsel appearing on behalf of the petitioner submitted that since the proposal has been forwarded by the D.I.O.S. to the Joint Director of Education for further action, therefore, prayer no.1 have become infructuous and he is not pressing the said prayer. 5. It is further submitted and prayed that the Joint Director of Education, Kanpur region, Kanpur may be directed to take further steps on recommendation dated 27.06.2025 forwarded by the D.I.O.S., Kannauj and pass appropriate and reasoned order, in accordance with law, in time bound manner. 6. Learned Standing Counsel appearing on behalf of the State- respondents has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 7. Heard Sri Prabhakar Awasthi, learned counsel appearing on behalf of the petitioner, Sri D.P. Singh, learned Standing Counsel appearing on behalf of the State-respondents, perused the instructions as place by learned Standing Counsel for the State and the documents on record. 8. The relevant portion of the aforesaid instructions is quoted below for ready reference:- " इस ककरकरलर कक पतकतक मक०/2781/2025-26 ददनकतक-27.06.2025 कक दकरक पकरण पर आखरक सदहत पतकवलल सतरयक दशकक दनदकशक ककनपयर मणडल ककनपयर कक ममल रप मम अगकतर ककररवकहल हकतय पकदषत कक जक चयकक हह। अतत मह० नरकरकलर कक समक उकवतत इनसटटकशन पसतयत हह।" 9. Taking into consideration of the submissions, contents made in the instructions, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner. The Joint Director of Education, Kanpur region, Kanpur, respondent no.2 is directed to pass an appropriate and reasoned order, in accordance with law, expeditiously, preferably within a period of six weeks from the date of receipt of order of this Court. 10. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 24.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad