Allahabad High Court
RAMKANT SAXENAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court dismissed the writ petition and directed the petitioner to pursue the statutory appeal under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973.
Summary
Ramkant Saxena filed a writ petition in the Allahabad High Court seeking to quash an order dated 23 June 2025 passed by the Uttar Pradesh Basic Education Board. The respondent, the Board, argued that the petitioner had an alternative remedy of filing an appeal under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973, and therefore the petition should be dismissed. The petitioner expressed that he did not wish to pursue the writ petition while retaining the right to appeal. The Court, without addressing the merits, dismissed the writ petition and directed the petitioner to file the statutory appeal within four weeks, and instructed the Secretary of the Board to decide the appeal expeditiously, ignoring any delay, within two months. The order was pronounced on 1 October 2026.
Issues considered
- Whether a writ petition seeking quashing of an order is maintainable when an alternative statutory appeal is available under Rule 5 of the Uttar Pradesh Basic Education Staff Rules, 1973.
Legislation cited
- Uttar Pradesh Basic Education Staff Rules, 1973 — s. Rule 5
Subjects
- writ petition
- quashing order
- alternative remedy
- appellate jurisdiction
- Uttar Pradesh Basic Education Board
- Rule 5
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16082 of 2026
Ramkant Saxena
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Singh
Counsel for Respondent(s) : C.S.C., Rama Nand Pandey
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, Sri Rama Nand Pandey, learned counsel for
the respondent-BSA and learned Standing Counsel for the respondents-State.
The petitioner has preferred this writ petition for quashing of the order dated
23.06.2025 passed by respondent no.3.
At the very outset, learned counsel for the respondent-BSA submits that against the
impugned order, there is an alternative remedy of filing appeal available to the
petitioner before the Secretary, Uttar Pradesh Basic Education Board under Rule 5 of
the Uttar Pradesh Basic Education Staff Rules, 1973. Therefore, this petition should be
dismissed for this reason.
On the aforesaid objection, learned counsel for the petitioner states that he does not
want to press this petition with liberty to file an appeal before the appellate authority.
Considering the facts and circumstances of the case, without expressing any opinion
on the merits of the case, this writ petition is finally disposed of with a direction to the
petitioner to file an appeal before the Secretary, Uttar Pradesh Basic Education Board,
within four weeks from today along with a certified copy of this order and, if any
such appeal is filed, the Secretary, Uttar Pradesh Basic Education Board shall make all
endeavours to consider and decide the same, ignoring the delay, if any, after giving
opportunity of hearing to all the parties expeditiously, in accordance with law,
preferably within a period of two months from the date of receipt of the said appeal.
October 1, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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