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Allahabad High Court

SMT. ANITA GUPTAversusSTATE OF UTTAR PRADESH AND 4 OTHERS

Decided

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

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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