Neelam Kumari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Allahabad HC1 Apr 2024/1405/2024

Case brief

AI extract

What is this about?

Neelam Kumari v. State of U.P.; WRIT - A No. 1405 of 2024; Allahabad High Court Lucknow Bench; Shree Prakash Singh, J.; posting near residence; son suffering from thalassemia; Block Kasganj; Block Soron; District Kasganj; Junior High School; Basic Education Department; mandamus; fresh representation; opposite party no. 4; decision within three weeks; not adjudicated on merits; writ petition disposed of.

What did the court decide?

Liberty to the petitioner to make a fresh representation before opposite party no. 4 within one week; opposite party no. 4 directed to decide such representation within a further period of three weeks in accordance with law. ¶¶13

Neelam Kumari Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:26738

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Court No. - 20

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Case :- WRIT - A No. - 1405 of 2024

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Petitioner :- Neelam Kumari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 5 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C.,Kumar Ayush,Ran Vijay Singh

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Hon'ble Shree Prakash Singh,J.

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The instant writ petition has been filed seeking the following reliefs :-

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i) Issue writ order or direction in nature of mandamus commanding the opposite party No. 1 to 5 that they consider the case of petitioner for posting of petitioner at nearby her residence i.e. in any of the Junior High Schools of Block Kasganj or in Block Soron of District Kasganj within reasonable time as early as possible keeping in view of fact that the son of petitioner is suffering from thalassemia, in the interest of justice.

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ii) Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed."

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Contention of learned counsel for the petitioner is that the respondent-authorities have not properly considered the case of the petitioner, as was presented before. The submission is that the opposite parties may be directed to consider the claim/representation of the petitioner within stipulated period of time as may be fixed by this court.

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In view of the innocuous prayer of the learned counsel for the petitioner and without entering into the merits of the case, liberty is granted to the petitioner to make a fresh representation before the opposite party no. 4 within a period of one week from today and if such representation is preferred by the petitioner, the opposite party no. 4 is directed to decide the same within further period of three weeks, in accordance with law.

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It is clarified that this court has not adjudicated this case on merits.

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With the aforesaid observations, the instant writ

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petition is disposed of .

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Order Date :- 1.4.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Neelam Kumari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Case brief

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Neelam Kumari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Case brief

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