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2025 DAILYLAW 62020 (ALL)

YOGESH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/7216/2025 · 2025-06-30

Mayur Jain Jt Registrar J Listing

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:101117 Court No. - 32 Case :- WRIT - A No. - 7216 of 2025 Petitioner :- Yogesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avadhesh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. (Order on Civil Misc. Amendment Application No.2 of 2025) 1. Learned counsel for the petitioner-applicant has filed amendment application in pursuance of order dated 22.05.2025 passed by Co-ordinate Bench of this Court. 2. Learned Standing Counsel for the respondent-State has no objection. 3. Taking into consideration to the contents made in the amendment application, the same is allowed. 4. Let necessary amendments be incorporated during the course of the day. (Order on Writ Petition) 1. The instant writ petition has been filed with the following main prayers:- "I. Issue a writ order or direction of a suitable nature of mandamus commanding and directing respondent no.3, District Inspector of Schools, Agra to decide the proposal the termination of the service of the petitioner, which is pending since 2018 as early as possible within reasonable period of time. II. Issue a writ order or direction in the nature of mandamus directing the District Inspector of Schools, Agra-respondent no.3 to consider and decide the claim of petitioner contained in representation dated 15.02.2025 for being proposal the termination of the service of the petitioner as early as possible within reasonable period of time." 2. Learned counsel appearing on behalf of petitioner submitted that the petitioner has made a representation to the Secretary, Uttar Pradesh Secondary Education Service Selection Board-respondent no.2 through the District Inspector of Schools, Agra (for short the "D.I.O.S.") on 28.08.2018, which is annexed as Annexure - 4 to the writ petition. He further submitted that the concerned D.I.O.S. vide letter dated 05.03.2025, which is appended as Annexure - 7 with the paper book, asked the Principal, Moti Lal Inter College, Saiyan, Agra for deciding the above-said representation of the petitioner. 3. Learned counsel appearing on behalf of the petitioner without pressing on merits of the case, has made innocuous prayer for issuance of a direction to the concerned D.I.O.S. to decide the representation which is pending before him after getting comments from the Principal, Moti Lal Inter College, Saiyan, Agra, expeditiously, with time bound manner. 4. Learned Standing Counsel appearing on behalf of the State, in advance notice, submitted that respondent no.2 is not concerned with the disputes as stated in the instant writ petition, but has not denied the fact that the representation of the petitioner is pending before the D.I.O.S., Agra and the D.I.O.S. concerned has already asked the comments from the Principal, Moti Lal Inter College, Saiyan, Agra vide letter dated 05.03.2025. 5. Learned counsel appearing on behalf of the D.I.O.S., Agra - respondent no.3 has no objection on innocuous prayer as made by learned counsel for the petitioner for deciding the representation, which is pending before the D.I.O.S., Agra. He has also undertaken that the concerned D.I.O.S. after getting the comments from the Principal, Moti Lal Inter College, Saiyan, Agra shall decide the aforesaid representation, expeditiously. 6. Heard Sri Avadhesh Pratap Singh, learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State as well as Sri Sanjay Kumar Singh, learned counsel appearing on behalf of respondent no.2 and perused the contents made in the writ petition and material available on record. 7. Since, the petitioner has not pressed the petition on merits but only made an innocuous prayer which has not been opposed by respondent no.3, D.I.O.S., Agra, therefore, the D.I.O.S., Agra is directed to pass an appropriate order on the pending representation of the petitioner after getting the comments from the Principal, Moti Lal Inter College, Saiyan, Agra, expeditiously, preferably within a period of six weeks from the date of receiving of the comments from the Principal of the College. 8. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 1.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad