Neutral Citation No. - 2025:AHC:128555 Court No. - 52 Case :- WRIT - A No. - 10145 of 2025 Petitioner :- Deepika Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dwivedi,Sanjay Singh,Sr. Advocate Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. R.K. Ojha, learned Senior Counsel assisted by Mr. Sanjay Singh, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for the respondent nos.2 to 4 and learned Standing Counsel for the respondents-State. The present writ petition has been filed with a prayer to quash the order dated 20.06.2025 passed by District Basic Education Officer, Agra so far as it relates awarding punishment and transfer/posting of the petitioner at Primary School Bhainsakhuri, Block-Jagner, District-Agra and a further prayer to direct the respondents to allow and permit the petitioner to work as Assistant Teacher at Primary School Nagla Imli, Block-Jagner, District-Agra. A preliminary objection has been raised by learned counsel for the respondent nos.2 to 4 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. After arguing the matter at length, learned counsel for the petitioner has confined his prayer to the extent that against the impugned order, the petitioner may be permitted to file an appeal before the concerned authority with a direction to the concerned authority to decide the same within the stipulated period. Learned Standing Counsel as well as counsel for the respondent nos.2 to 4 have no objection to the aforesaid prayer. 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, Uttar Pradesh Basic Education Board, U.P. Prayagraj within three 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 :- 31.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad