Zeba Khatoon vs State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. and 4 Others

"i. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 27.10.2025 passed by the opposite party no 3, contained as Annexure No. 1 to this writ petition.

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ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to create any hindrance in peaceful functioning of the petitioner as officiate head mistress in opposite party no.4 college."

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Contention of the learned counsel for the petitioner is that the petitioner being the second senior most Assistant Teacher in the primary school has been given the charge; on no objection letter written by the senior most teacher, namely, Shefali Tripathi. He submitted that in the aforesaid scenario, the charge was given to the petitioner and subsequently, the District Basic Education Officer has also verified the signature of the petitioner, which is evident from Annexure No.4 appended along with the petition.

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Further submission is that all of a sudden, the order impugned has been passed, wherein the Manager of the Committee of Management was directed to hand over the charge to the senior most Assistant Teacher of the school and sent the salary bill with the signature of Shefali Tripathi, the senior most teacher. He added that subsequent thereof an affidavit has been given by Shefali Tripathi that she is not inclined to have the charge of Headmistress. He has also placed the copy of affidavit before this Court.

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Let notice be issued to the respondent no.4 returnable at an early date. Steps be taken within three days.

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WRIA No. 13967 of 2025

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2

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List this matter on 9.12.2025 as fresh in the list of fresh cases. The parties are directed to maintain status quo till then In the meantime, the State Counsel is directed to seek detailed instructions. " The query of the Court was that once Ms. Shefali Tripathi, the senior most teacher has denied to discharge the duties of Headmistress, why the District Basic Education Officer is forcing the Committee of Management to take work from her of the said post but, in the instructions, the same has not been given. In view of the above, the District Basic Education Officer, Sultanpur, shall remain present before this Court on 15.12.2025, at 2.15 pm., along with the records to assist the Court.

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List this matter on 15.12.2025 at 2.15 as fresh."

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In compliance of the order aforesaid, the District Basic Education Officer, Sultanpur, is present in person before this court.

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Sri Rajeev Kumar Singh,learned Additional Chief Counsel appearing for the State has placed before this court the copy of the order dated 09-12-2025 passed by the District Basic Education Officer, Sultanpur, which is taken on record and shall be the part of the records. He submits that the second seniormost Assistant Teacher has been directed to be given the charge of the Head Master.

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In view of the above, the Committee of Management is directed to complete the proceeding regarding the handing over the charge to the petitioner within three days.

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With the aforesaid observations, the present writ petition is disposed of .

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The presence of the District Basic Education Officer, Sultanpur, is hereby exempted.

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December 15, 2025 AKS

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(Shree Prakash Singh,J.)

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

Zeba Khatoon v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. and 4 Others

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Zeba Khatoon v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. and 4 Others

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