Neutral Citation No. - 2025:AHC:125581 Court No. - 4 Case :- WRIT - A No. - 7779 of 2025 Petitioner :- Ms. Muskan Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Raj Prajapati,Rama Kant Gupta Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Ajit Kumar,J. 1. Heard Shri Ram Raj Prajapati, learned counsel for petitioner, Shri Sher Bahadur Singh, learned Counsel for Gaon Sabha and learned Standing Counsel for State respondents. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for quashing of the order dated 09.05.2025 whereby her services as Assistant Panchayat Officer/ Computer assistant cum Data Entry Operator has come to be dispensed with in terms of the resolution adopted by the Gaon Sabha. 3. Learned Standing Counsel was directed to obtain instruction as to whether the Gaon Sabha was final authority in passing order rescinding the contract employment as Panchayat Sahayat/ Computer Assistant cum Data Entry Operator and he has placed instructions before the Court annexing therewith the Government Order providing for selection and appointment and action to be taken against such contract appointees of the Gaon Sabha. 4. From the perusal of the Government Order dated 25.07.2021 vide its clause 16 it becomes absolutely clear that the Gaon Sabha is the final authority to take decision in the matter of any complaint against such contract appointees and to pass final order, of course, a notice first is to be given in advance to the contract appointee to offer his explanation against complaint/ charge. From the instructions as well as the documents brought on record it clearly transpires that the petitioner was issued with the notice dated 28.11.2023 and subsequently also regarding her misconduct in carrying out the work of Gaon Sabha and simultaneously pursuing her regular B.Sc course in a degree college attached to Agricultural University. Petitioner has offered her explanation in reply thereof to suggest that petitioner would not be attending classes, rather appeared in the examination after taking leave. 5. In the considered view of the Court if a student is pursuing regular studies in any institution recognized and affiliated to the university to obtain a degree in a particular course as a regular student then such student is required to attend classes regularly and his attendance sheet is also maintained. Such a student shall be taken to have regularly attended the classes and there shall be a valid presumption thereof, if he is permitted to appear in annual examination as regular student . 6. In such circumstances if the petitioner claims to have not attended the classes in the college affiliated to the University and instead, worked as Panchayat Sahayak, then naturally some other person might have impersonated her in attendance which is equally illegal and bad. However, in any case petitioner was rightly held guilty of misconduct for continuing om employment while attending regular classes in the degree college where she was pursuing B.Sc course. 7. In these circumstances, if resolution has been adopted dispensing with the services of the petitioner, I do not find any good ground to interfere with the same. 8. Petition lacks merits and is accordingly dismissed. Order Date :- 29.7.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad