Allahabad High Court

HARMEET SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided: 22 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The writ petition was dismissed, with the court directing the petitioner to make a fresh, detailed representation before the respondent, after which the authority must decide the matter sympathetically within a stipulated period.

Summary

The petitioner, suffering from cancer, sought a mandamus directing the Uttar Pradesh Basic Shiksha Parishad (respondent No.2) to transfer him from District Bahraich to District Moradabad, where his wife is posted, and to decide his application dated 10‑09‑2026 promptly. The petitioner alleged that his earlier application for transfer had not been acted upon. The respondents contended that the petitioner must first file a fresh, detailed representation before the authority, which would then be considered in accordance with law. The High Court, without expressing an opinion on the merits, dismissed the writ and ordered the petitioner to submit a fresh, comprehensive representation within one week, after which the authority must decide sympathetically within three weeks, subject to any legal impediment. The order thus directs procedural compliance rather than granting the immediate transfer or mandamus relief.

Issues considered

Whether a writ of mandamus can be issued directing the respondent authority to transfer the petitioner to another district.
Whether the petitioner is entitled to an expedited decision on his application dated 10‑09‑2026.
Whether the petitioner must first file a fresh, detailed representation before the authority before any relief can be granted.

Subjects

mandamus
transfer
administrative law
writ petition
Uttar Pradesh Basic Shiksha Parishad
health
district transfer
procedural compliance

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 15423 of 2026

Harmeet Singh
                                                                     .....Petitioner(s)
                                        Versus

State Of U.P. And 3 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)            : Manoj Kumar Singh, Narsingh Pandey
Counsel for Respondent(s)            : C.S.C.

Court No. - 52
               HON'BLE MRS. MANJU RANI CHAUHAN, J.

Learned counsel for the petitioner is permitted to delete respondent
no.4 from the array of parties during the course of the day.

Heard learned counsel for the petitioner, Mr. Shivendra Singh
Bhadauria, learned counsel for respondent nos.2 & 3, and learned
Standing Counsel for the State.

The writ petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent
nos.2 & 3 to transfer the petitioner from District Bahraich to District Moradabad
within a short stipulated period.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent
nos.2 & 3 to consider and decide the application of the petitioner dated 10.09.2026
within a short stipulated period."

Learned counsel for the petitioner submits that the petitioner is
suffering from cancer and his wife is posted as Assistant Teacher in
District Moradabad, therefore, to take care of the petitioner, he
requests that he may be transferred to District Moradabad. In this
regard, an application has been moved before the respondent no.2,
but nothing has been done. Therefore, a direction may be issued to
the respondent no.2 to look into the grievance of the petitioner and
pass appropriate orders within a stipulated period.

Learned counsel for the respondent-BSA submits that if the
petitioner submits a fresh, detailed representation before respondent
                                                                                       WRIA No. 15423 of 2026
                                                                 2


                                    no.2, the same shall be considered and decided strictly 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      a    fresh,   detailed
                                    application/representation, ventilating all his grievances, supported
                                    by such documents as he may be advised, before respondent no.2,
                                    Secretary, U.P. Basic Shiksha Parishad, Prayagraj, within one week
                                    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, sympathetically, in
                                    accordance with law, by means of a reasoned and speaking order,
                                    after affording the petitioner a proper opportunity of hearing, as
                                    expeditiously as possible, preferably within a period of three weeks
                                    from the date of production of a certified copy of this order, if there
                                    is no legal impediment.


                                                                            (Mrs. Manju Rani Chauhan,J.)
                                    September 23, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad

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