Allahabad High Court
SMT. ANITA GUPTAversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner may pursue the statutory appeal under Rule‑5 and the writ petition is disposed pending such appeal.
Summary
Smt. Anita Gupta filed a writ petition challenging an action of the State of Uttar Pradesh and others. The respondents contended that a statutory remedy exists under Rule‑5 of the U.P. Basic Education Staff Rules, 1973, allowing an appeal to the Secretary, U.P. Basic Education Board, Prayagraj. The petitioner sought liberty to pursue that statutory appeal instead of pressing the writ petition. The Court disposed of the writ petition, granting the petitioner a four‑week window to file the statutory appeal and directing that any such appeal be decided expeditiously, ignoring any delay. No order as to costs was made.
Issues considered
- Whether the petitioner must first avail the statutory remedy of appeal under Rule‑5 of the U.P. Basic Education Staff Rules, 1973 before seeking relief through a writ petition
- Whether the writ petition can be disposed of pending the filing of the statutory appeal
Legislation cited
- U.P. Basic Education Staff Rules, 1973 — s. Rule-5
Subjects
- writ petition
- statutory appeal
- U.P. Basic Education Staff Rules
- administrative law
- exhaustion of remedies
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14572 of 2026
Smt. Anita Gupta
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Singh, Ashish Kumar
Counsel for Respondent(s) : C.S.C., Tej Bhan Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Supplementary Affidavit, filed today, is taken on record. Office is
directed to register the same.
At the very outset, Mr. Tej Bhan Singh, learned counsel for the
respondent BSA submits that a statutory remedy to file an appeal is
provided under Rule-5 of the U.P. Basic Education Staff Rules, 1973.
On the aforesaid, learned counsel for the petitioner prays to not press the
writ petition with a liberty to file statutory appeal before the Secretary,
U.P. Basic Education Board, Prayagraj.
In view of the above, the writ petition is disposed of with a direction that
in case any appeal is filed by the petitioner within four weeks from today,
same shall be considered and decided in accordance with law by the
Secretary, U.P. Basic Education Board, Prayagraj, expeditiously,
preferably within a period of two months thereafter, ignoring the delay, if
any.
No order as to costs.
(Mrs. Manju Rani Chauhan,J.)
October 1, 2026
DS
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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