JYOTI AGARWALversusSHRI SURENDRA KUMAR TIWARI

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 4757 of 2026

Jyoti Agarwal
                                                                  .....Applicant(s)
                                        Versus

Shri Surendra Kumar Tiwari
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Applicant(s)                :   Nisheeth Yadav, Rupesh Sharma
Counsel for Opposite Party(s)           :   Gaurav Bishan

Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

1. Heard.

2. The present contempt application has been preferred alleging non-
compliance of the order dated 10.09.2025 passed in Writ-A No. 13475 of
2025, Jyoti Agarwal vs. Shri Surendra Kumar Tiwari, order whereof is
quoted as under:-

     "Heard learned counsel for the petitioner, learned Standing Counsel for
     the State-respondent, Mr. Harsh Vardhan Gupta, learned counsel for the
     respondent no.5, Mr. Gaurav Bishan, learned counsel for the respondent
     nos.3&4 and perused the record.
     The petitioner herein is claiming her absorption to the post of Assistant
     Teacher in the Upper Primary School in District Ghaziabad. The said
     prayer is based on the assertion of the petitioner that she was working in
     the territorial limit of the then District Ghaziabad at the time of
     appointment. However, with the bifurcation of the District, a new District
     Hapur had been created 28.9.2011. The teachers working in the primary
     school lying within the territorial limit of the then District Ghaziabad
     were directed to submit their options for their absorption in the primary
     schools of the two districts namely Hapur and Ghaziabad. The petitioner
     had submitted her option for absorption in Upper Primary School being
     run within the territorial limit of the current District Ghaziabad, but
     nothing has been done till date.
     Learned counsel for the petitioner submits that the petitioner is
     permanent resident of District Ghaziabad and she has submitted
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     necessary documents to demonstrate the said fact before the District
     Basic Education Officer, Ghaziabad.
     The District Basic Education Officer, Ghaziabad has forwarded the
     papers submitted by the petitioners vide its letters dated 03.07.2020,
     12.10.2020 and 07.06.2021 to the Secretary, Basic Education Board,
     U.P., Allahabad, who is competent authority to take decision in the matter
     of absorption of the petitioner within the new territory of District
     Ghaziabad.
     No decision has, however, been taken. As a result of it, the petitioner has
     approached the Court for a writ of mandamus commanding the
     respondent no.3 namely the Secretary, Basic Education Board, U.P.,
     Allahabad to take a final decision.
     Be that as it may, in view of the fact that the Academic Session 2025-26
     had commenced w.e.f. 1.4.2025, any absorption of the petitioner at this
     stage would disturb the academic working of the current District Hapur.
     Though the vacancies are existing in District Ghaziabad, but this Court
     does not find any justification to issue any direction to the respondent no.
     3 to participate the petitioner in the current academic session, at this
     stage.
     However, the request of the petitioner for absorption in District
     Ghaziabad for the Academic Session 2026-27 can be considered by the
     Secretary, Basic Education Board, U.P., Allahabad, keeping in view of
     the recommendation made by the District Basic Education Officer,
     Ghaziabad vide letters dated 03.07.2020, 12.10.2020 and 07.06.2021 and
     consideration of the documents submitted by the petitioner showing her
     being resident of the present District Ghaziabad. A decision in
     accordance with law shall be taken within a period of two months from
     the date of submission of the certified copy of this order. It is clarified
     that the request of the petitioners, if acceded to, shall be implemented in
     the ensuing Academic Session 2026-27.
     Subject to the above, the present writ petition is disposed of."

3. Today, Sri Gaurav Bishan, learned counsel for the opposite party has
produced before the Court the order dated 10.09.2025, whereby the claim
of the applicant has been considered and rejected.

4. Learned counsel for the applicant submits that he proposes to challenge
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                                    the said order on merits. However, such an issue is not required to be
                                    adjudicated in the present contempt proceedings.

                                    5. Let a copy of the instructions be forwarded to the learned counsel for
                                    the applicant.

                                    6. Accordingly, the contempt application stands consigned to record.
                                     Leaving it open for the applicant to question the same before appropriate
                                    forum.

                                    7. Instructions have been filed today is taken on record and marked as
                                    Appendix-A.



                                                                                         (Vikas Budhwar,J.)
                                    September 11, 2026
                                    Sushma




Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad