Neutral Citation No. - 2025:AHC:79463-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 830 of 2024 Appellant :- The Committee Of Management Sri Krishna Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Ratnakar Upadhyay,Sr. Advocate Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is by the Committee of Management challenging an order passed by learned Single judge refusing to interfere in the order passed by the District Inspector of Schools dated 30.03.2024, whereby, the Committee of Management has been called upon to upload the details of the option exercised by the writ petitioner to continue in service till 62 years. 2. The Committee of Management apparently objected to such right of the teacher on account of pendency of two criminal cases. It was also stated that the competent authority to accept the option is the Deputy Director of Education and not the District Inspector of Schools. 3. On behalf of writ petitioner it is contended that the Committee of Management is objecting to the right of the writ petitioner to continue in the service till the age of 62 years on unsustainable grounds in as much as mere implication in a criminal case would not lead to an inference that the teacher cannot continue in service till the age of superannuation. It is also pointed out that the exercise of option by the teacher is not dependent upon any condition and, therefore, the direction of the District Inspector of Schools to upload the option on the website has rightly not been interfered with. 4. We have heard Sri R.K. Ojha, Senior Counsel, assisted by Sri Ratnakar Upadhyay, learned counsel for the appellant, Sri G.K. Singh, Senior Counsel, assisted by Sri Hritudhwaj Pratap Sahi, learned counsel for the writ petitioner and learned Standing Counsel for the State. 5. Having examined the controversy raised, we find that learned Single Judge has refused to interfere in the order of District Inspector of Schools dated 30.03.2024, wherein, a direction is issued to the Committee of Management to upload the option form exercised by the writ petitioner as per which he intends to continue in service till the age of 62 years. The only effect of such option is that the teacher would no longer be entitled to receive gratuity. The option having been duly submitted the Inspector rightly directed the Committee of Management to upload such option. At the instant of Committee of Management, we are not persuaded to examine the issue as to whether the Inspector has such jurisdiction in the matter, particularly, when the entitlement of the teacher is otherwise not in issue. 6. The special appeal consequently lacks merit and is dismissed. 7. The dismissal of the appeal will not prejudice the rights of the Committee of Management to proceed against the teachers concerned in accordance with law. Order Date :- 14.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad