Partly allowed

Ms. Akanksha Chaudhary and 42 Others v. State of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. and 4 Others

Allahabad HC23 Jul 2024WRIA/5577/2024

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What is this about?

Single judge listed a writ petition regarding education department transfers on a fresh date to ascertain if issues differ from a pending petition before the Allahabad Division Bench and to examine submissions and records of related cases and affidavits.

What did the court decide?

Listed on 21.08.2024 to ascertain directions of Division Bench at Allahabad, submissions on other grounds, and records of related cases and affidavits.

Ms. Akanksha Chaudhary and 42 Others vs State of… — Education and Admissions | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 5577 of 2024

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Petitioner :- Ms. Akanksha Chaudhary And 42 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 4 Others

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Counsel for Petitioner :- Meenakshi Singh Parihar,Prashant Kumar Singh

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Counsel for Respondent :- C.S.C.,Abhinav Singh,Ran Vijay Singh

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Hon'ble Manish Mathur,J.

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Mr. Ran Vijay Singh, learned counsel for the U.P. Basic Education Board has produced order dated 08.08.2024 passed by the Division Bench, which indicates that in compliance of previous orders, personal affidavits of Principal Secretary, Basic Education, Government of U.P., Lucknow and Secretary, Basic Education Board, U.P., Prayagraj have been filed. Although, it has been indicated that the timelines indicated in the affidavits do not appear to address the concern expressed in the previous order, the process indicated in paragraph 9 of the affidavit filed by the Principal Secretary, Basic Education, Government of U.P. Lucknow and paragraph 7 of the affidavit filed by the Secretary, Basic Education Board, U.P., Prayagraj have been indicated to continue. Restrain placed on transfers passed earlier was vacated.

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Learned counsel for petitioners submit that there is certain distinction between the present cases and the one which is engaging attention of the Division Bench in the case of Neerja & Ors. vs. State of U.P. & Ors., Writ-A No.9970 of 2024 and that the submissions of petitioners are also pertaining to Rule 21 of the U.P. Right of Children to Free and Compulsory Education Rules, 2011 as well as directions issued by this Court in the case of Smt. Reena Singh & Ors. vs. State of U.P., Writ Petition No.25238 of 2018 (S/S).

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List this case on 21.08.2024 as fresh in order to ascertain directions issued by the Division Bench at Allahabad as also to ascertain submission of learned counsel for petitioners regarding other grounds having been taken in the present writ petition, which have not been taken in the petition pending consideration before the Division Bench at Allahabad.

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Learned counsel for parties shall produce record of the case of Neerja (supra) and the affidavits which have been filed by the Principal Secretary, Basic Education, Government of U.P., Lucknow, State of U.P. as well as Secretary Basic Education Board, U.P., Prayagraj.

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Order Date :- 12.8.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Ms. Akanksha Chaudhary and 42 Others v. State of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. and 4 Others

Case brief

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Ms. Akanksha Chaudhary and 42 Others v. State of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. and 4 Others

Case brief

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