Allowed

Rekha Mishra v. State of U.P. and 3 Others

Allahabad HC20 May 2019WRIA/8060/2019

Case brief

AI extract

What is this about?

This writ petition challenged an order dated 1.4.2019 passed by the Secretary, Basic Education Parishad. The court observed that the contrary to the directions in an earlier judgment, a prior show cause notice was not issued before rejecting the petitioner's claim. Counsel informed the court that the respondent is ready to withdraw the impugned order. The writ petition was disposed of with a direc

What did the court decide?

Petition disposed of with direction to respondent No.3 to withdraw the impugned order and pass a fresh order in accordance with law within one month.

Rekha Mishra Vs State of U.P. and 3 Others — Education and Admissions | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - A No. - 8060 of 2019

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Petitioner :- Rekha Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac),Sushil Kumar Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav

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Hon'ble Prakash Padia,J.

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Heard Sri A.C. Tiwari learned counsel for the petitioner, learned Standing Counsel accepted notice on behalf of the respondent Nos.1 and 2 and Sri A.K. Yadav, learned counsel put his appearance on behalf of respondent Nos.3 and 4.

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The petitioner has preferred the present writ petition challenging the order dated 1.4.2019 passed by the Secretary, Basic Education Parishad, U.P. Prayagraj copy of which is appended as Annexure 17 to the writ petition.

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Sri A.C. Tiwari, learned counsel for the petitioner placed reliance upon a judgement of this Court passed in Writ A No.21833 of 2018 (Rekha Mishra Vs. State of U.P. and three others) decided on 25.10.2018 . The aforesaid writ petition was filed by the present petitioner herself. While disposing of the writ petition following observations were made by the aforesaid Bench:-

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"(ii) in the event the said respondent is of prima facie view that the representation/application deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected;

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(iii) the petitioner shall be at liberty to file her final reply to such notice, if issued, within fifteen days and no more from the date of receipt of that notice;

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(iv) the respondent no.3 may then proceed to hear and decide the same strictly, in accordance with law and pass a reasoned and speaking order within a period of one month from the date of filing of last reply by the petitioner, if any."

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It is contended by Sri Tiwari, learned counsel for the petitioner that although before passing the order impugned, an opportunity of hearing was provided to the petitioner but before rejecting the claim of the petitioner prior show cause notice was not issued to her. As such the order was passed in complete violation of the directions given by this Court in the aforesaid writ petition.

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When the matter was taken up, time was granted to Sri A.K. Yadav, learned counsel representing the respondent Nos.3 and 4 to seek instructions from the respondents.

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it is contended by Sri A.K. Yadav learned counsel that he received instructions from the Office of respondent No.3 that the respondent No.3 is ready and willing to withdraw the order dated 1.4.2019 passed by her.

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Since, the statement has been given by Sri A.K. Yadav, learned counsel for the

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respondent to that effect that respondent No.3 is ready to withdraw her order dated 1.4.2019 nothing in this writ petition is survived.

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In the facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondent No.3 to pass fresh order in accordance with law within a period one month from the date of presentation of certified copy of this order.

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Order Date :- 20.5.2019 saqlain

Rekha Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rekha Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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