Neutral Citation No. - 2025:AHC:11347 Court No. - 7 Case :- WRIT - A No. - 498 of 2025 Petitioner :- Aditya Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Naresh Chandra Tripahti,Suchita Tripathi Counsel for Respondent :- Yatindra,Anil Kumar Srivastava,C.S.C.,Kalp Raj Singh,Poonam Srivastava Hon'ble Prakash Padia,J. 1. Heard Sri N.C. Tripathi and Sri Agnihotri Kumar Tripathi, learned counsels for the petitioners, learned Standing Counsel for the State and Sri Yatindra, learned counsel for contesting respondents. 2. The order 09.12.2024 passed by the respondent no.3- Secretary, U.P. Basic Education Board at Prayagraj, District Prayagraj as well as the consequential order dated 10.12.2024 passed by respondent no.4- District Basic Education Officer, Bulandshahr are under challenge. 3. The facts in brief as contained in the petition in short are that the respondent no.5 alongwith various other persons approached this Court by filing a series of writ petitions being leading Writ-A No.36240 of 2015. All the writ petitions were clubbed together and decided by a coordinate bench of this Court vide its judgement and order dated 11.03.2024. The operative portion of the order is as follows: "8. However, learned counsel for petitioners in Writ No. 36240 of 2015 has failed to convince this Court that despite a detailed objection, only part of it was considered since representations are not on record. No other substantial argument is submitted by other Advocates. 9. In aforesaid circumstances, this Court is not entering into merit of the case, however, considering that this matter is pending for last 8-9 years and their dispute is in regard to seniority and there are rival submissions on law, therefore, the petitioners would be at liberty to file fresh objection, however, it is made clear that in case objections are considered, all likely to affected parties will be put on notice so that they may submit their reply. Some persons have already been retired, therefore, they would not be affected. 10. Accordingly, these writ petitions are disposed of with above observations and directions that objections, if any is filed, will be considered and decided expeditiously in accordance with law, taking note of factual as well as legal aspect. " 4. Pursuant to the aforesaid, the decision has been taken by the respondent no.3/Secretary, U.P. Basic Education Board Prayagraj on 09.12.2024 by which the entire promotion list including the promotion of the petitioners has been cancelled. Consequent to the same, the order was also passed by the respondent no.4/District Basic Education Officer, Bulandshahar on 10.12.2024. The aforesaid decision was taken pursuant to the judgment and order dated 11.03.02024. 5. It is argued by Sri N.C. Tripathi, learned counsel for the petitioners that the aforesaid order has been passed without providing any notice and opportunity of hearing to the petitioners who are the affected persons. It is further argued that in spite of fact that in the judgment and order dated 11.03.2024 as quoted above, specific direction was given by this Court to provide opportunity of hearing to all the affected parties, no opportunity of hearing was provided to the petitioners before passing the aforesaid order. Hence the same is contemptuous in nature. 6. Sri Yatindra, learned counsel for contesting respondents submits that in the instruction dated 21.01.2025 under the signatures of Deputy Secretary of U.P. Basic Shiksha Parishad, Prayagraj, stated that in paragraph no.3 of the aforesaid instruction that before passing the order dated 09.12.2024, no notice and opportunity of hearing has been provided to the petitioner by the respondent no.3. 7. Heard learned counsel for the parties and perused the record. 8. It is clear that the impugned order dated 09.12.2024 was passed by respondent no.3 without providing any notice and opportunity of hearing is a complete violation of principle of natural justice. 9. In view of this Court, the order dated 09.12.2024 passed by respondent no.3- Secretary, U.P. Basic Education Board at Prayagraj, District Prayagraj is liable to be set aside and is hereby set aside. The consequential order dated 10.12.2024 passed by respondent no.4- District Basic Education Officer, Bulandshahr is also set aside. 10. The writ petition is allowed. 11. In the facts and circumstances of the case, it is made clear that the respondent 3 will pass a fresh order strictly in accordance with law as stated above within a period of six weeks from today. The petitioners are further directed to appear before the respondent no.3 as and when required by him. Order Date :- 22.1.2025 /C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad