Court No. - 35
Case :- WRIT - C No. - 21757 of 2021 Petitioner :- C/M, Jan Sewak Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Brijesh Kumar Counsel for Respondent :- C.S.C.,Bhawesh Pratap Singh
Hon'ble Abdul Moin,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioner, learned Standing Counsel appearing for the State- respondents and Sri Bhawesh Pratap Singh, learned counsel appearing for the respondent no. 4.
The petitioner being aggrieved with the order dated 16.08.2021, a copy of which is Annexure-14 to the petition, is before this Court.
Admittedly, against the order impugned dated 16.08.2021 passed by the Joint Director of Education, Azamgarh Region, Azamgarh, the petitioner has got an alternative remedy of preferring an appeal under the provisions of Section 7 of the Uttar Pradesh High School and Inter Colleges (Payment of Salary) Act, 1971 (hereinafter referred to as "Act, 1971").
Having heard learned counsel for the contesting parties, this Court is of the view that once the petitioner has got a statutory remedy of preferring an appeal under the provisions of Section 7 of the Act, 1971 consequently he would have to avail the same. This Court is not inclined to entertain the petition without the petitioner having exhausted the said remedy. In this view of the matter, the present petition is disposed of giving liberty to the petitioner to file an appeal before the appellate authority against the impugned order dated 16.08.20121 within a period of one week from today. In case said appeal is filed the appellate authority shall proceed to decide the same in accordance with law after hearing all the concerned parties within a period of four weeks from the date of filing of the appeal along with certified/computerized copy of this order.
Order Date :-25.10.2021 Pachhere/-