Neutral Citation No. - 2025:AHC:51433-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 883 of 2024 Appellant :- District Basic Education Officer District Sant Ravidas Nagar Bhadohi Respondent :- Chandra Shekhar Yadav And 2 Others Counsel for Appellant :- Shrinath Counsel for Respondent :- C.S.C.,Devansh Misra,Ram Jeet Yadav,Shesh Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Although the previous Division Bench was of the view that alongwith appeal the writ petition be also decided finally, but we are inclined to limit the exercise of jurisdiction in this appeal only to the challenge laid to the order of the learned Single Judge, inasmuch as, a final adjudication on merits by this Division Bench would take away right of intra-court appeal to one of the parties. 2. This appeal is by the District Basic Education Officer, who is aggrieved by the order of the learned Single Judge, dated 20th August, 2024, whereby the order passed by the District Basic Education Officer, dated 1.4.2024, has been stayed. The order of the District Basic Education Officer returns a finding that the appointment was obtained by the respondent petitioner on the strength of fabricated certificates. During pendency of the appeal affidavits are filed by concerned University clearly stating that the documents relied upon by respondent petitioner in support of his eligibility for appointment are all manipulated. 3. Once the appointment of the respondent petitioner has been cancelled on a categorical finding by the concerned authority that the appointment itself was obtained on the basis of fabricated certificates the proper course for the learned Single Judge was to have invited affidavits in the matter and decide the writ petition finally. The direction of learned Single Judge to stay the order of cancellation of appointment and resultant claim of working and payment of salary could not have been allowed at the stage of filing of the fresh writ petition itself. 4. In that view of the matter, this appeal succeeds and is allowed. The order passed by the learned Single Judge, dated 20th August, 2024, is set aside. The affidavit filed by the University in this appeal shall also be placed before the learned Single Judge, who is requested to decide the writ petition on merits, as per His Lordship's earliest convenience. Order Date :- 9.4.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad