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2025 DAILYLAW 59413 (ALL)

UMA SHANKER SHARMA v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/6824/2025 · 2025-05-25

Jayant Banerji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89094 Court No. - 7 Case :- WRIT - A No. - 6824 of 2025 Petitioner :- Uma Shanker Sharma Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Anurag Shukla,Kamal Pati Shukla Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner, Shri Virendra Prasad Shukla, learned counsel appearing for the respondent no. 3, and the learned Senior Counsel appearing for the State-respondents. 2. This petition has been filed seeking the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, District Bareilly (Respondent No.4) to take appropriate decision with regard to grant to approval/disapproval to the proposal of dismissal dated 15.12.2019 passed against the petitioner by the Committee of Management, Chacha Nehru Bal Mandir Inter College, Aonla, District Bareilly (Annexure No.6 to the writ petition), within a specific period as may be directed by this Hon'ble Court." 3. On the last occasion instructions were sought from Respondent No.3. However, no satisfactory instructions have come from Respondent No.3. 4. Learned counsel for the petitioner has referred to a letter dated 08.05.2024 (Annexure-12 to the writ petition) written by the D.I.O.S., Bareilly to the Additional Director of Education (Secondary) Education Directorate, Uttar Pradesh, Prayagraj seeking guidance in the manner of proceeding with the aspect of grant of approval to an order of dismissal of the Principal/petitioner from the college, in view of the repeal of the U.P. Secondary Education Service Selection Board Act, 1980. It has further been mentioned in the letter that the records regarding approval have been reverted by the Board to the D.I.O.S. 5. On record there is another letter dated 28.04.2025 written by the Special Secretary of the Government of Uttar Pradesh to the Director of Education (Secondary) Uttar Pradesh, Prayagraj in which it is stated that subject to a new arrangement being brought about, the provisions of the Intermediate Education Act and the regulations framed therein, would be applicable. The aforesaid letter has also been issued to all the District Inspectors of Schools in the State of Uttar Pradesh. 6. In view of aforesaid, since as per the letter dated 08.05.2024 of the D.I.O.S., it is evident that the records have been reverted from the Board in the office of D.I.O.S., the D.I.O.S. is directed to take a decision with regard to grant of approval/disapproval to the proposal of dismissal dated 15.12.2019 passed against the petitioner by the Committee of Management/Respondent No.5 within a period of three months from the date the certified copy of this order is filed before the authority. 7. This petition is disposed of, accordingly. Order Date :- 26.5.2025 Kumar Manish (Jayant Banerji,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad