Court No. - 7
Case :- WRIT - A No. - 19106 of 2018 Petitioner :- Kavita Bhagat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Aishwarya Kumar Singh Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner, Sri Virendra Chaubey, learned counsel for the respondent nos.3 and 4 and learned Standing Counsel for the State-respondents.
2. The petitioner claims to have been adjusted from Upper Primary School, Sila Juddi, Vikas Khand Sadar, District Muzaffar Nagar to Upper Primary School Noona Khera, Vikas Khand Baghara, District Muzaffar Nagar. While petitioner does not question the declaration of surplus teacher at the Upper Primary School, Sila Juddi, Vikas Khand Sadar, District Muzaffar Nagar, he submits that there are vacancies available at 13 other primary schools within the same block (copy of which has been annexed as Annexure no. 9 to the writ petition).
3. Sri Virendra Chaubey, learned counsel for the respondent nos.3 and 4 on the other hand submits that at present, it could not be ascertained whether the post mentioned in the Annexure no. 9 to the writ petition are presently available, and that fact has to be ascertained by the respondent no. 4.
4. Considering the above, no useful purpose would be served in keeping the present petition pending or further calling for counter affidavit. Accordingly, the present writ petition is disposed of with the following observations:
(i) the petitioner may file a fresh representation along with a certified copy of this order before the respondent no.4 - District Basic Education Officer, District Muzaffar Nagar within a period of two weeks from today;
(ii) in the event the said respondent is of prima facie view that the representation/application deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected within two weeks therefrom;
(iii) the petitioner shall be at liberty to file her final reply to such notice, if issued, within two weeks and no more from the date of receipt of that notice;
(iv) the respondent no.4 may proceed to hear and decide the same strictly in accordance with law and pass a reasoned and speaking order within a period of two months from the date of filing of last reply by the petitioner, if any.
5. For a period of three months from today or till the decision of the representation, whichever is earlier, the operation and effect of the order dated 23.08.2018 passed by the respondent no.4 - District Basic Education Officer, District Muzaffar Nagar shall remain stayed.
Order Date :- 27.10.2018 Prakhar