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2025 DAILYLAW 63828 (ALL)

SMT. GEETA KUMARI v. STATE OF U.P. AND 8 OTHER

WRIA/7458/2025 · 2025-05-26

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89741 Court No. - 6 Case :- WRIT - A No. - 7458 of 2025 Petitioner :- Smt. Geeta Kumari Respondent :- State Of U.P. And 8 Other Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- C.S.C.,Kushmondeya Shahi,Sunil Kumar Dubey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Mohd. Shahanshah Khan, learned counsel for the petitioner and Sri Vikas Rastogi on behalf of Sunil Kumar Dubey for respondent no.4. 2. Petitioner has challenged office memorandum dated 5.3.2024 which includes only "Speaking order ka Saraansh" and without even asking for detailed speaking order, petitioner has filed an appeal which was dismissed by impugned order dated 21.3.2025 by Secretary U.P. Basic Shiksha Parishad. Prayagraj. 3. Said Authority has also not taken note that appeal was considered without going through the speaking order. 4. In the aforesaid circumstances, impugned order 21.3.2025 is set- aside and it is directed that Basic Shiksha Adhikari, Mirzapur will provide a copy of speaking order to the petitioner within a period of seven days and in case it is not provided within the aforesaid period, it will be deemed that there is no speaking order and without it, office memorandum dated 5.3.2024 has no legal existence and in case speaking order is provided to the petitioner, he will be at liberty to file an appeal which shall be decided within a period of three weeks. 5. It is very strange that such a higher authority in the department of Education does not know the difference between a "speaking order" and "summary of a speaking order." 6. Court also takes note of a judgment passed by this Court in Writ-A No.4774 of 2025, Neutral Citation No.-2025:AHC:55519 where similar nature of orders were set-aside. 7. With the aforesaid direction, this writ petition is disposed of. Order Date :- 27.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad