HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14530 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, learned counsel for respondent-BSA and learned Standing Counsel for the State. 2. The writ petition has been filed with the prayer to quash the impugned order dated 08.09.2025 passed by the District Basic Education Officer, Bulandshahar, i.e. respondent no.3, wherein the respondent no.3 has observed about respondent no.4 being senior to the petitioner no.3. 3. Learned counsel for the petitioner submits that the impugned order dated 08.09.2025 has been illegally and arbitrarily passed, wherein respondent no.3 has erroneously held respondent no.4 to be senior to petitioner no.3 solely on the basis of age, and on that basis alone, seniority has been determined. However, the Division Bench of this Court, in the case of Sardar Mohammad Ansar Khan vs. State of U.P. and Others (Special Appeal No. 14 of 1993), has categorically held that under Regulation 3(1)(5), seniority based on age is applicable only in cases where two or more teachers are appointed on the same date, and such regulation is not applicable to clerks. Therefore, the impugned order is illegal, arbitrary, and unsustainable in the eyes of law, and accordingly, the same deserves to be quashed. 4. Mr. Ram Raj Pandey, learned counsel for respondent no.4, could not dispute the aforesaid fact. However, he submits that by the impugned order, the parties have been called to submit their documents for the Versus Counsel for Petitioner(s) : Raj Mohan Saggi Counsel for Respondent(s) : C.S.C., Ram Raj Pandey, Shubham Pandey Committee Of Management Nathmal Pamraj, Junior High School, Farkana And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) purpose of deciding the question of seniority. Therefore, the matter may be remitted back to respondent no.3 for afresh decision in accordance with law. 5. In view of the aforesaid, the impugned order dated 08.09.2025 passed by respondent no.3 is hereby quashed. The matter is remitted to the respondent no.3, District Basic Education Officer, Bulandshahar, to decide the issue afresh, after carefully examining all the relevant documents, strictly on merits, in accordance with, by means of a reasoned and speaking order, after affording an opportunity of hearing to all concerned parties, including respondent no.4, Roop Kishor Sharma s/o Churamani Sharma and petitioner no.3, Kuldeep Sharma s/o Subhash Chandra Sharma, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. 6. The writ petition stands allowed accordingly. No order as to costs. September 24, 2025 Jitendra/- WRIA No. 14530 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad