Court No. - 34
Case :- WRIT - A No. - 7959 of 2021 Petitioner :- Ankika Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Shankar Mishra,Jata Shankar Counsel for Respondent :- C.S.C.,Daya Ram
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
The instant petition challenges an order of 25 August 2020 pursuant to which the respondents have proceeded to cancel the temporary placement of the petitioner at primary school Milak Bikni in district Amroha. Further directions have been issued requiring the petitioner to join at the institution against which she was appointed in terms of the order of 21 October 2016.
The Court notes that the temporary placement of the petitioner in the primary school at Amroha is not backed by any formal order passed by statutory authorities in accordance with the procedure contemplated under the Basic Education Act and the Rules framed thereunder. That temporary placement is traceable only to an endorsement appearing on a communication of the Special Officer attached to the office of the Hon'ble Governor. In view of the aforesaid, while the Court finds no error in the order impugned, it may only be observed that bearing in mind the submission of learned counsel for the petitioner that the petitioner has recently undergone a spinal surgery, it shall be open for her to represent her case before the second respondent who may on consideration of all relevant factors pass such further orders as may be warranted in the facts and circumstances of the case.
Subject to the aforesaid observation, this petition shall stand dismissed.
Order Date :- 28.9.2021/Faraz