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2025 DAILYLAW 70421 (ALL)

VIBHA ROY v. STATE OF U.P. AND 3 OTHERS

WRIA/8735/2025 · 2025-07-21

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118889 Court No. - 52 Case :- WRIT - A No. - 8735 of 2025 Petitioner :- Vibha Roy Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Roy Counsel for Respondent :- Shashi Prakash Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Pankaj Roy, learned counsel for the petitioner, Mr. Ashish Kumar Nagvanshi, learned counsel for respondent nos.1 to 3. 2. The writ petition has been filed with the following prayer:- (i) "Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 13.06.2025 passed by respondent no.2 Basic Education Officer, Mau, in letter no.1702-1707/2025. To Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to replace the petitioner from the previous place." 3. Learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Teacher through Special BTC Scheme, U.P. Government and was initially posted at Saraihariram Primary School, Block- Holagarh, Prayagraj, on 25.11.1999. She was later transferred to District Mau, for different basic schools. The petitioner passed the required examination and faced an interview and was joined as an A.B.R.C. on 11.05.2011, where she worked up till 2017 i.e. 20.05.2017. During this period, the petitioner discharged her duties as A.B.R.C. up to the satisfaction of the superiors there being no complaint against her. 4. Learned counsel for the petitioner further submits that pursuant to the letter dated 05.01.2018 issued by Secretary, U.P. Basic Shiksha Parishad, Allahabad, applications were invited from teachers for English Medium Parishdiya Schools. The petitioner being eligible applied and was selected, accordingly, she joined at Primary English Medium, Parishdiya School at Ranveerpur, Sarawan Mau, Block Pardaha. It appears that on some complaint an inquiry was conducted and without giving opportunity of hearing to the petitioner the impugned order has been passed reverting her back to the place of her initial joining. Thus, the impugned order is against the principles of natural justice, hence, it is arbitrary, illegal and unjustified in the eyes of law. 5. Learned Standing Counsel, on the basis of instructions, submits that the selection in English Medium Parishadiya School was illegal, therefore, the petitioner has been reverted back to her initial place of joining, however, could not dispute the fact that prior to passing the order impugned, no opportunity of hearing has been provided to the petitioner. 6. Accordingly, the writ petition is allowed. The impugned order dated 13.06.2025 passed by the second respondent is hereby quashed and set aside. The matter is remitted back to the respondent no.2 District Basic Education Officer, Mau, for decision afresh, ignoring the delay if any, on merits, strictly in accordance with law, by means of a reasoned and speaking order, after affording opportunity of hearing to the petitioner, preferably within a period of four weeks, from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 22.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad