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2025 DAILYLAW 74629 (ALL)

NAZMA BEGUM v. STATE OF UTTAR PRADESH AND 4 OHTERS

WRIA/9909/2025 · 2025-07-20

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117869 Court No. - 52 Case :- WRIT - A No. - 9909 of 2025 Petitioner :- Nazma Begum Respondent :- State Of Uttar Pradesh And 4 Ohters Counsel for Petitioner :- Mohd. Sohrab,Naveen Kumar Yadav Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, Mr. Shivendra Singh Bhadauria, learned counsel for respondent nos.2 to 5 and learned counsel for the respondent-State. At the very outset, learned counsel for respondent nos.2 to 5 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, learned counsel for the petitioner prays that in case, such an appeal is filed, a direction may be issued to the appellate authority to decide the same in accordance with law, ignoring the delay, if any. Considering the facts and circumstance 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 her 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 two 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 :- 21.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad