Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 6214 of 2026 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Sudhanshu Pandey, learned counsel for petitioner and Sri Shivendra Pratap Singh, Advocate for Respondents-3 and 4.
2. This is second round of litigation. It is not under dispute that petitioner, who was working on contract as a Teacher, was undertaking duties of Warden also on relevant date when admittedly one student suffered indigestion and admittedly she was not referred to Hospital, therefore, petitioner’s contract was cancelled.
3. In earlier round of litigation, a Division Bench of this Court has remitted matter to consider it afresh though occurrence was not disputed. However, concerned respondent has again passed order that contract of petitioner cannot be continued since petitioner was not careful while discharging duties as Warden.
4. Learned counsel for petitioner submits that in given circumstances and since principle of natural justice was not substantially followed, order impugned in this writ petition can be set aside. Versus Counsel for Petitioner(s) : Sudhanshu Pandey, Yash Pandey Counsel for Respondent(s) : C.S.C., Shivendra Kumar Singh Smt Ritu .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. However, the Court finds that there is no service rules applicable in the case of petitioner. The incident is not denied. Therefore, employer has discretion to discontinue the contract. In writ jurisdiction Court cannot interfere with such orders.
6. However, in the interest of justice, it is observed that since petitioner has worked from 2016 till impugned order was passed in 2025 and there was no other complaint, therefore, in case she applies for fresh contract, concerned respondent may consider ignoring incident in question and taking note that petitioner’s earlier period of contract was otherwise spotless.
7. With aforesaid observations, the writ petition is disposed of. May 6, 2026 AK WRIA No. 6214 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad