Neutral Citation No. - 2025:AHC:115149 Court No. - 32 Case :- WRIT - A No. - 9699 of 2025 Petitioner :- Committee Of Management, Saraswati Shiksha Sadan Intermediate College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Saroj,Nagendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. Present petition has been filed seeking following reliefs:- "i. Issue a writ, order or direction in the nature of mandamus commanding the Director of Education Secondary, U. P. at Lucknow/Respondent No.2 to transfer and decide the Appeal dated 10.01.2025 under Section 16-G(3) of the Uttar Pradesh intermediate Education Act, 1921, pending before the Joint Director of Education, Prayagraj Region, Prayagraj.." 2. After some length of argument on merit Sri N. B. Singh, learned counsel appearing on behalf of petitioners without pressing the matter on merit made innocuous prayer that Joint Director of Education may be directed to decide the appeal filed under Section 16-G(3) of the Uttar Pradesh Intermediate Education Act, 1921 (here-in-after referred to as the Act) after taking all the objections raised by the petitioners in accordance with law in time bound manner. It is further submitted that petitioners have made specific averments in paragraph no.43 of the writ petition that issue has already been adjudicated by the present Joint Director of Education when he was D.I.O.S., Prayagraj and therefore, it is also prayed that appeal may be decided by another Joint Director. 3. Per contra, learned Standing counsel appearing for the State- respondents vehemently opposed the aforesaid submissions as made by learned counsel for the petitioners in reference to paragraph no.43 of the writ petition and submitted that respondent no.4-Joint Director of Education, Prayagraj Region, Prayagraj is competent authority to decide the appeal and there are no force in the arguments advanced by learned counsel for the petitioners for transferring the appeal to another Joint Director but he has not objected another innocuous prayer made by learned counsel for the petitioners for deciding the appeal pending before Joint Director. 4. Heard Sri N.B. Singh, learned counsel for the petitioner and Sri Santosh Kumar, learned Standing Counsel for the State- respondents and perused the contents made in the petition. 5. Since, learned counsel for the petitioners has not pressed the petition on merit and only made innocuous prayer to decide the appeal under Section 16-G (3) of the Uttar Pradesh Intermediate Education Act, 1921 expeditiously in time bound manner, I am inclined to allow the innocuous prayer made by learned counsel for the petitioners to which learned Standing Counsel appearing on behalf of State-respondents has no objection. 6. The respondent no. 4 namely Joint Director of Education, Prayagraj Region, Prayagraj is directed to decide the aforesaid appeal after taking into consideration the objection of the petitioners and giving opportunity of hearing to the petitioners expeditiously, preferably, within a period of six weeks from the date of receipt of certified copy of this order. 7.With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 16.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad