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Neutral Citation No. - 2025:AHC:124019 Court No. - 52 Case :- WRIT - A No. - 9873 of 2025 Petitioner :- Vedanand Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh,Satyendra Narayan Singh Counsel for Respondent :- Bipin Bihari Pandey,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the petitioner and Mr. Bipin Bihari Pandey, learned counsel for respondent nos. 2 and 3 and perused the record. 2. The present petition has been filed for following reliefs:-
"i. Issue a writ order or direction in nature of Certiorari for quashing of the impugned order dated 15.07.2022 passed by respondent no. 2/Basic Education Officer Maharajganj. ii. Issue a writ order or direction in the nature of Mandamus directing the respondent no. 2 and 3 to reinstate the service of the petitioner on his post i.e. Assistant Teacher and pay the salary regularly along with other benefit, during pendency of the present writ petition before this Hon'ble Court."
3. The instant petition has been filed with a prayer to quash the order, dated 15.07.2022 passed by respondent no. 2, Basic Education Officer Maharajganj, vide which the selection of the petitioner on the post of Assistant Teacher has been cancelled
4. Learned counsel for the petitioner submits that the impugned order, dated 15.07.2022, has been passed without any opportunity of hearing to the petitioner, therefore, the same is liable to be set aside. 5. Learned counsel for respondent, Basic Education Officer, submits that no opportunity of hearing is required in cases where forged documents have been submitted for seeking appointment. He further submits that the said issue has also been decided by a detailed order, dated 05.12.2019, passed by a co-ordinate Bench of this Court in Writ-A No. 18163 of 2019, however, in one of the petition bearing Writ- A No. 3330 of 2025 the petitioner therein was given an opportunity by order, dated 18.03.2025, to file an appeal as provided under law. 6. Learned counsel for the petitioner on the basis of aforesaid prays that this petition may be dismissed as withdrawn with liberty to file an appeal. 7.
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any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is dismissed as withdrawn, with an opportunity to the petitioner to file an appeal, ventilating all his grievances, supported by such documents, as may be advised, before the concerned authorities within three weeks from today along with a certified copy of this order. On such appeal being made, concerned authorities 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 three months from the date of production of certified copy of this order, if there is no legal impediment. So far as second prayer of the petitioner is concerned, once his appointment has been cancelled, he is not entitled for any salary. Order Date :- 28.7.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad