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2025 DAILYLAW 72194 (ALL)

RAJKUMAR SINGH RAGHAV v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/9490/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112744 Court No. - 52 Case :- WRIT - A No. - 9490 of 2025 Petitioner :- Rajkumar Singh Raghav Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Gaurav Chauhan,Mridul Shekhar Tripathi Counsel for Respondent :- Bajrang Bahadur Singh,C.S.C.,Satya Prakash Singh,Yatindra Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State, and Sri Yatindra, learned counsel appearing for respondent nos. 2 to 6. The petitioner has preferred instant writ petition challenging orders daed 07.05.2025 and 13.05.2025 passed by respondent no. 3 - District Basic Education Officer, Bulandshahr. At the very outset, Sri Yatindra, learned counsel for the respondents, raised a preliminary objection stating that there is an alternative remedy of filing a representation under sub-rule (2) of Rule-5 of the Uttar Pradesh Basic Educational Staff Rules, 1973, before the competent authority, however, the petitioner has not moved any such representation. On the aforesaid objection, learned counsel for the petitioner states that some time may be granted to file a representation, as per aforementioned Rules, 1973 and direction may also be issued to the authority for taking decision thereon expeditiously. Having considered the submissions of learned counsel for the parties, without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may move representation, ventilating all grievances, supported by such documents, as may be advised, before the the concerned authority within three weeks from today along with a certified copy of this order. On such representation being made, respondent authority shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad