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2025 DAILYLAW 75581 (ALL)

BHAGYAVATI CHAURASIA v. STATE OF U.P. AND 2 OTHERS

WRIA/9735/2025 · 2025-07-16

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115989 Court No. - 52 Case :- WRIT - A No. - 9735 of 2025 Petitioner :- Bhagyavati Chaurasia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manava Nand Chaurasiya Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Manava Nand Chaurasiya, learned counsel for the petitioner and Ms. Archana Singh, learned counsel for the respondent-BSA. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to transfer/adjust the petitioner towards his 18th option chose by the petitioner at Primary School Mawai Bujurg 1, Block-Badokar Khurd, District Banda in pursuance of the Government order dated 13.06.2025 issued by respondent no.2 to all District Basic Education Officers of Uttar Pradesh with regard to inter-district transfer/adjustment. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation of the petitioner dated 02.07.2025 with speaking and reasoned order within stipulated period as may be fixed by this Hon'ble Court." Learned counsel for the petitioner submits that petitioner has made representation before respondent no.2 for redressal of her grievances but nothing has been done till date.Therefore, a direction may be issued to the respondent no.2 to take an appropriate decision in accordance with law within a time bound period. Learned counsel for the respondent-BSA submits that in case a fresh representation is given by the petitioner before the respondent no.2, the same may be decided in accordance with law. 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 make fresh application/representation, ventilating all her grievances, supported by such documents, as may be advised, before the respondent no.2 Secretary, U.P. Basic Education Board, Prayagraj, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 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 four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 17.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad