Neutral Citation No. - 2025:AHC:122754 Court No. - 52 Case :- WRIT - A No. - 10442 of 2025 Petitioner :- Dhananjay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Akhilesh Kumar, learned counsel for the petitioner, learned Standing Counsel for the State and Mr. Ashish Nagvanshi, learned counsel for respondent nos. 2 & 3. At the very outset, learned counsel for respondent nos. 2 & 3 submits that the petition is not maintainable as there is remedy to file appeal under Rule 5(2) of U.P. Basic Education Staff Rules, 1973. He further submits that in case, such an appeal is filed according to the aforesaid Rule, the same may be decided by the appellate authority in accordance with law. On the aforesaid submission, learned counsel for the petitioner prays some time may be granted to file appeal and the said appeal may be directed to be decided in accordance with law, ignoring the delay, if any. Considering the facts and circumstances of the case but 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 file an appeal under Rule 5(2) of U.P. Basic Education Staff Rules, 1973, ventilating all his grievances, supported by such documents, as may be advised, before the appellate authority, within three weeks from today along with a certified copy of this order. On such appeal being filed by the petitioner, the appellate authority shall make all endeavours to consider and decide the same, ignoring the delay, if any, strictly in accordance with law, by means of a reasoned and speaking order, preferably within a period of three months, if there is no legal impediment. It is made clear that it will be open to the petitioner to challenge the dismissal order as well the order passed in appeal, in case, he is aggrieved by the same. Order Date :- 25.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad