Allahabad High Court
NIVEDIKA TIWARIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must file a fresh application/representation before the respondent, who must then decide it expeditiously in accordance with law.
Summary
The petitioner, Nivedika Tiwari, a former Instructor in a primary school (2013-2022), filed a writ petition seeking direction to be appointed as Instructor in an Upper Primary School and for the respondent to decide her pending renewal representation. She had left the post for medical reasons and a representation for renewal was pending before Respondent No.2 (District Magistrate/Chairman). The respondents contended that a fresh application must be filed and would be decided in accordance with law. The Court, without expressing any view on the merits, ordered the petitioner to make a fresh application/representation, supported by documents, within three weeks, and directed Respondent No.2 to decide the matter expeditiously, preferably within six weeks, by a reasoned order. Accordingly, the writ petition was disposed.
Issues considered
- Whether the petitioner is entitled to be appointed as Instructor in the Upper Primary School without filing a fresh representation.
- Whether the respondent is obligated to decide the pending renewal representation within a specified time frame.
- Whether the court can direct the filing of a fresh application and prescribe a timeline for its adjudication.
Subjects
- appointment
- reinstatement
- instructor
- primary school
- representation
- renewal
- writ petition
- administrative law
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15388 of 2026
Nivedika Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Durga Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Ms. Durga Tiwari, learned counsel for the petitioner, learned
Standing Counsel for the State-respondent, and perused the record.
This writ petition has been filed with the prayer to direct respondent No. 3 to
permit the petitioner to join on the post of Instructor in Upper Primary
School, Agawa Katila, Ghazipur, District Ghazipur, as well as with a further
prayer to direct respondent No. 2 to decide the representation for renewal.
Learned counsel for the petitioner submits that the petitioner had worked on
the post of Instructor in the Primary School from 2013 to 2022. However,
due to medical reasons, she could not continue on the said post. Therefore, a
representation regarding renewal of the petitioner on the post of Instructor
has been moved before respondent No. 2, which is pending consideration.
Hence, a direction may be issued to respondent No. 2 to decide the same in
accordance with law.
Learned counsel for the respondents submits that in case petitioner moves
a fresh application/representation before the competent authority, the
same shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case but without
expressing any opinion on the merits of the case set up on behalf of the
petitioner, the present writ petition is disposed of by providing that the
petitioner may make fresh application/representation, ventilating all her
grievances, supported by such documents, as may be advised, before the
respondent no.2; District Magistrate Ghazipur/Chairman District
WRIA No. 15388 of 2026
2
Grievance Redressal Committee, District Ghazipur, within three weeks
from today along with a certified copy of this order. On such
representation being made, respondent no.2 shall make all endeavours to
consider and decide the same, strictly in accordance with law, by means
of a reasoned and speaking order, after giving proper opportunity of
hearing to the parties concerned, as expeditiously as possible, preferably
within a period of six weeks from the date of production of certified copy
of this order, if there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 23, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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