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2025 DAILYLAW 78918 (ALL)

SMT. INDRESH PATHAK v. STATE OF U.P. AND 3 OTHERS

WRIA/10500/2025 · 2025-07-27

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124690 Court No. - 52 Case :- WRIT - A No. - 10500 of 2025 Petitioner :- Smt. Indresh Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. The writ petition has been filed with the prayer to quash the order dated 01.05.2025 passed by respondent no.3 Additional District Magistrate (Judicial) Hathras as well as order dated 09.07.2025 passed by District Basic Education Officer, Hathras passed by respondent no.4 and further prayer to direct the respondents not to interfere in the working of the petitioner as Assistant Teacher in the institution and pay regular salary month by month. At the very outset, learned counsel for the petitioner, relying upon a judgement passed by this Court in Writ A No.64290 of 2011 (C/M Vedic Putri Pathshala Inter College, M. Nagar and Another Vs. State of UP and Others), 2012:AHC:37978, submits that the administrative authorities have no role to play in any educational institution, therefore, they are not empowered to conduct any inquiry against the teachers of such institution. In support of his submission, he has also placed reliance upon a judgement of this Court passed in Writ A No.5540 of 2020 (C/M Sri Durga Ji Purva Madhyamik Balika Jamim And Another vs. State of U.P. And 4 Others), 2020:AHC:87625. Learned Standing Counsel could not dispute the aforesaid, however, seeing the facts that it is a matter regarding appointment of petitioner in the institution where her father is a Manager and that certain forged documents have allegedly been produced. This Court may direct for an inquiry to be conducted by the District Basic Education Officer. Considering the facts of the case and as the matter relates to an appointment, on the basis of forged documents, this Court directs the respondent no.4 District Basic Education Officer, Hathras to conduct the inquiry personally instead of sending the documents before respondent no.3, as is detailed in the order dated 09.07.2025 and to conclude the same, in accordance with law, expeditiously, preferably within a period of two months from today, subject to co-operation of the petitioner in the inquiry. Learned counsel for the State as well as Registrar (Compliance) shall look into compliance of this order. Order Date :- 28.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad