Neutral Citation No. - 2025:AHC:91079-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 531 of 2025 Appellant :- Smt. Ritu Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sudhanshu Pandey,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. The appellant before this Court was a contractual teacher in Kasturba Awasiya Balika Vidyalaya Sahjanwan, Gorakhpur. She is aggrieved by denial of her contractual engagement on account of a charge of dereliction of duty. One Smt. Laxmi Bharti was a Warden. In addition to her three full time teachers were employed namely, Vineeta Singh, Sushma Prajapati and Smt. Ritu (the appellant). There were three hostels and each of the full time teacher was given task of looking after a particular hostel. The appellant was looking after hostel no. 2. The denial of extension of engagement of appellant is not due to any shortcoming on part of the appellant in dealing with any of the students of hostel no. 2 which was entrusted to the present appellant. 2. It appears that Warden-Smt. Laxmi Bharti had gone out and the charge of warden was with the appellant. A student of hostel no. 3 fell sick. She vomited once in the evening and on the next morning she passed away. This was treated to be a case of negligence on part of the appellant due to which her contractual renewal was denied. 3. Learned Single Judge has dismissed the writ petition after noticing the facts of the case according to which the respondents rightly denied renewal to contractual employment of the appellant. 4. Learned Senior Counsel for the appellant argues that the enquiry report does not indicate any negligence on part of the appellant inasmuch as the report of enquiry made it explicit that the student for once vomited. It was not a case of serious illness preceding her sudden death on the next morning. 5. Shri G.K. Singh, learned Senior Advocate argues that on account of solitary vomiting by student an inference of serious illness cannot be made out nor it would require immediate taking of student to a Doctor. It is contended that the student otherwise was given ORS and necessary precaution, as was expected from the appellant was taken and, therefore, the denial of renewal to appellant in such circumstances is arbitrary. 6. Learned Standing Counsel opposes the submission made on behalf of the appellant. 7. We have heard learned counsel for the parties and having perused the materials available on record. A perusal of record would indicate that after the student had died, postmortem was conducted in which cause of death could not be ascertained. Viscera report is yet to be submitted. The medial report relied upon by the respondent in the enquiry report does not indicate any serious illness on part of the student concerned. Whether not taking the student to the Doctor, immediately, on account of solitary instance of vomiting could form basis for discontinuing the contractual engagement of appellant is the question raised in this appeal. 8. We have perused the enquiry report which does not demonstrate any laches on part of the appellant, inasmuch as the report does not refer to any serious illness on part of the student. It is only a case of solitary instance of vomiting. Whether on the strength of such incident the Teacher, who was holding the charge of officiating warden on the day could be terminated by denying renewal of fix term engagement required appropriate consideration at the level of the competent authority which appears to be lacking in this case. 9. In the facts of the case, we are inclined to interfere in the matter only with intent to require the District Magistrate, Gorakhpur to get the facts enquired into in light of the above observations, and ascertain any guilt on part of the appellant which may have lead to the death of the student. 10. In such circumstances, the present appeal is disposed of with the direction upon the District Magistrate, Gorakhpur to get the facts examined, afresh, and to take appropriate decision in the matter relating to discontinuance of the appellant's engagement by passing a fresh order within a period of two months from date. Impugned action in the writ petition shall abide by such fresh decision to be taken by District Magistrate, Gorakhpur. Order Date :- 28.5.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad