HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4757 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. Heard. 2. The present contempt application has been preferred alleging non- compliance of the order dated 10.09.2025 passed in Writ-A No. 13475 of 2025, Jyoti Agarwal vs. Shri Surendra Kumar Tiwari, order whereof is quoted as under:- "Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Harsh Vardhan Gupta, learned counsel for the respondent no.5, Mr. Gaurav Bishan, learned counsel for the respondent nos.3&4 and perused the record. The petitioner herein is claiming her absorption to the post of Assistant Teacher in the Upper Primary School in District Ghaziabad. The said prayer is based on the assertion of the petitioner that she was working in the territorial limit of the then District Ghaziabad at the time of appointment. However, with the bifurcation of the District, a new District Hapur had been created 28.9.2011. The teachers working in the primary school lying within the territorial limit of the then District Ghaziabad were directed to submit their options for their absorption in the primary schools of the two districts namely Hapur and Ghaziabad. The petitioner had submitted her option for absorption in Upper Primary School being run within the territorial limit of the current District Ghaziabad, but nothing has been done till date. Learned counsel for the petitioner submits that the petitioner is permanent resident of District Ghaziabad and she has submitted Versus Counsel for Applicant(s) : Nisheeth Yadav, Rupesh Sharma Counsel for Opposite Party(s) : Gaurav Bishan Jyoti Agarwal .....Applicant(s) Shri Surendra Kumar Tiwari .....Opposite Party(s) necessary documents to demonstrate the said fact before the District Basic Education Officer, Ghaziabad. The District Basic Education Officer, Ghaziabad has forwarded the papers submitted by the petitioners vide its letters dated 03.07.2020, 12.10.2020 and 07.06.2021 to the Secretary, Basic Education Board, U.P., Allahabad, who is competent authority to take decision in the matter of absorption of the petitioner within the new territory of District Ghaziabad. No decision has, however, been taken. As a result of it, the petitioner has approached the Court for a writ of mandamus commanding the respondent no.3 namely the Secretary, Basic Education Board, U.P., Allahabad to take a final decision. Be that as it may, in view of the fact that the Academic Session 2025-26 had commenced w.e.f. 1.4.2025, any absorption of the petitioner at this stage would disturb the academic working of the current District Hapur. Though the vacancies are existing in District Ghaziabad, but this Court does not find any justification to issue any direction to the respondent no. 3 to participate the petitioner in the current academic session, at this stage. However, the request of the petitioner for absorption in District Ghaziabad for the Academic Session 2026-27 can be considered by the Secretary, Basic Education Board, U.P., Allahabad, keeping in view of the recommendation made by the District Basic Education Officer, Ghaziabad vide letters dated 03.07.2020, 12.10.2020 and 07.06.2021 and consideration of the documents submitted by the petitioner showing her being resident of the present District Ghaziabad. A decision in accordance with law shall be taken within a period of two months from the date of submission of the certified copy of this order. It is clarified that the request of the petitioners, if acceded to, shall be implemented in the ensuing Academic Session 2026-27. Subject to the above, the present writ petition is disposed of." 3. Today, Sri Gaurav Bishan, learned counsel for the opposite party has produced before the Court the order dated 10.09.2025, whereby the claim of the applicant has been considered and rejected. 4. Learned counsel for the applicant submits that he proposes to challenge CAPL No. 4757 of 2026 2 the said order on merits. However, such an issue is not required to be adjudicated in the present contempt proceedings. 5. Let a copy of the instructions be forwarded to the learned counsel for the applicant. 6. Accordingly, the contempt application stands consigned to record. Leaving it open for the applicant to question the same before appropriate forum. 7. Instructions have been filed today is taken on record and marked as Appendix-A. September 11, 2026 Sushma CAPL No. 4757 of 2026 3 (Vikas Budhwar,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad