Court No. - 50
Case :- WRIT - A No. - 18911 of 2019 Petitioner :- Pushp Raj Kesarwani Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Raju Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Salil Kumar Rai,J.
Supplementary affidavit filed today is taken on record. Heard the counsel for the parties.
The present writ petition has been filed against the order dated 13.11.2019 passed by the District Basic Education Officer, Prayagraj, i.e., respondent no. 4 whereby the petitioner has been removed from the Mid Day Meal Programme and the responsibility for the said programme has been given to another teacher employed in primary school, Devri.
The order dated 13.11.2019 does not adversely affect the service conditions or the service prospects of the petitioner and, therefore, the petitioner has no cause of action to challenge the said order. Any illegality or irregularity in the order dated 13.11.2019 cannot be inquired into by this Court under Article 226 of the Constitution of India at the instance of the petitioner. The apprehension of the petitioner that the petitioner would be responsible for any irregularities committed in the Mid Day Meal Programme subsequent to 13.11.2019 is unfounded and in case the petitioner is penalized for any irregularity committed in the Mid Day Meal Programme subsequent to 13.11.2019, he shall be at liberty to challenge the said order on grounds that the petitioner was not responsible for the Mid Day Meal Programme or any irregularity committed in the same subsequent to 13.11.2019.
So far as the challenge to the order dated 3.5.2019 passed by the District Basic Education Officer is concerned, through the said order, the petitioner has been given an adverse entry which is appellable.
It has been stated in the writ petition that the petitioner has already filed an appeal against the said order on 11.11.2019 and the appeal is still pending before the Secretary Basic Shiksha Parishad. It is expected that the Secretary Basic Shiksha Parishad shall decide the said appeal expeditiously and without any unnecessary delay.
With the aforesaid observation, the writ petition is dismissed.
Order Date :- 29.11.2019/Satyam