Girish Chand Joshi vs State of U.P. and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - A No. - 5399 of 2026

Girish Chand Joshi

.....Petitioner(s)

Versus

State Of U.P. And 4 Others		.....Respondent(s)
Counsel for Petitioner(s)	: Jagannath Singh, Advocate	Shivendu Ojha, Sr.
Counsel for Respondent(s)	: C.S.C.
Court No.- 32

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HON'BLE SAURABH SHYAM SHAMSHERY, J.

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Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Jagannath Singh, learned counsel for petitioner and Sri Shishir Tiwari, learned Standing Counsel for State-Respondents.

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This Court has already passed an interim order taking note of argument of learned Senior Advocate for petitioner and operation of impugned order dated 17/19.12.2025 was stayed. For reference said order is reproduced hereinafter:

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“ 1. Heard learned counsel for the petitioner, learned Standing Counsel, and perused the record.

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The petitioner is aggrieved by the order dated 19.12.2025 passed by the Additional Director of Education (Secondary), whereby his transfer has been proposed from his present college, namely, Public Inter College, Jauligarh, Bulandshahr, with a direction to adjust him in another college where a sanctioned post of Assistant Teacher (Commerce) exists. The said order proceeds on the promise that the petitioner was appointed as an Assistant Teacher (Commerce); however, he has illegally been permitted to join and continue in the present college where no sanctioned post for the commerce subject exist.

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Learned counsel for the petitioner submits that in the recommendation letter dated 10.07.2014, issued by the District Inspector of Schools, the

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WRIA No. 5399 of 2026

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post of the petitioner has been described as Assistant Teacher (L.T. Grade), with no mention with regard to the subject of commerce. He has also laid emphasis on the appointment letter dated 13.07.2014, wherein only Assistant Teacher (L.T. Grade) has been mentioned without specifying any subject in which he has been appointed. It is further submitted that the petitioner, being possessed of qualifications of B.Com. and B.Ed., has been imparting education in the subject of Economics, a subject under the social science stream, in the present college.

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Learned Standing Counsel has prayed for and is granted three weeks' time to seek instructions from the authorities concerned and to place on record relevant documents to substantiate that the petitioner was appointed as Assistant Teacher (Commerce).

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As prayed, list this matter on 12.05.2026 as fresh.

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Till the next date of listing, the effect and operation of the order dated 19.12.2025 passed by the respondent no.3 shall remain stayed.”

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It is not under much dispute that petitioner was appointed on compassionate ground way back in the year 2014 at Public Inter College, Jauligarh, Bulandshahr and since then he is imparting education therein mainly in the subject of Economics. Therefore, to unsuit him and to pass an order to adjust at another place even on a legally sustainable grounds, the concerned respondent has to pass an order, only after hearing petitioner and Committee of Management of concerned College. However, impugned order is absolutely an ex parte order. It is also not on record, whether said order was a suo motu order or on basis of any complaint, therefore, a case for interference is made out.

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Otherwise also, Court finds that argument of learned Senior Advocate as already recorded in para 3 of aforesaid order, has legal substance which has not been considered in impugned order.

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Therefore, impugned order dated 17/19.12.2025 in present form cannot survive. Accordingly, it is set aside. However, in case respondents proceed to pass a fresh order, they have to put petitioner as well as Committee of Management of concerned College on prior notice.

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The writ petition is accordingly disposed of.

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(Saurabh Shyam Shamshery,J.)

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May 12, 2026 AK

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Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Girish Chand Joshi v. State of U.P. and 4 Others

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Girish Chand Joshi v. State of U.P. and 4 Others

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