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2025 DAILYLAW 76740 (ALL)

GAYASUDDIN v. STATE OF U.P. AND 2 OTHERS

WRIA/10020/2025 · 2025-07-21

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119904 Court No. - 52 Case :- WRIT - A No. - 10020 of 2025 Petitioner :- Gayasuddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Ishraque Farooqui Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Mohd. Ishraque Farooqui, learned counsel for the petitioner, Sri Shivendra Singh Bhadauria, learned counsel for the respondent no.2&3 and learned Standing Counsel for the respondents-State. The petitioner has preferred this writ petition for quashing of the order dated 03.05.2025 passed by respondent no.3; District Basic Education Officer, Fatehpur. At the very outset, learned counsel for the respondent nos.2&3 submits that against the impugned order, there is an alternative remedy of filing appeal available to the petitioner before the respondent no.2 under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973. Therefore, this petition should be dismissed for this reason. In view of the aforesaid, no useful purpose will be served to keep this writ petition pending and calling for a counter affidavit. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to file an appeal before the respondent no.2; Secretary, Basic Education, U.P. Prayagraj within two weeks from today along with a certified copy of this order and, if any such appeal is filed, the respondent no.2 shall make all endeavours to consider and decide the same after giving opportunity of hearing to all the parties expeditiously, in accordance with law, preferably within a period of two months from the date of receipt of the said appeal. It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 22.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad