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2026 DAILYLAW 1150 (ALL)

SMT SEEMA VERMA v. STATE OF U.P. AND 4 OTHERS

WRIA/5855/2026 · 2026-04-22

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5855 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Gaurav Bishan, learned counsel for respondent-BSA and learned Standing Counsel for the State. At the very outset, learned counsel for respondent-BSA submits that the petition is not maintainable as there is an alternative remedy to file appeal under Rule 5 of U.P. Basic Education Staff Rules, 1973. He further submits that in case, such an appeal is filed according to the aforesaid Rule, the same may be decided by the appellate authority in accordance with law. On the aforesaid, learned counsel for the petitioner prays that in case, such an appeal is filed, a direction may be issued to the appellate authority to decide the same in accordance with law, ignoring the delay, if any. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may file an appeal under Rule 5 of U.P. Basic Education Staff Rules, 1973, ventilating all her grievances, supported by such documents, as may be advised, before the appellate authority, within three weeks from today along with a certified copy of this order. On such appeal being filed by the petitioner, the appellate authority shall make all endeavours to Versus Counsel for Petitioner(s) : Ajay Kumar Vashistha Counsel for Respondent(s) : C.S.C., Gaurav Bishan Smt Seema Verma .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) consider and decide the same, ignoring the delay, if any, strictly in accordance with law, by means of a reasoned and speaking order, preferably within a period of three months, thereafter, if there is no legal impediment. April 23, 2026 Rahul. WRIA No. 5855 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad