Allahabad High Court
UMA BHADAURIAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without addressing its merits, directing the petitioner to file a fresh representation before the District Inspector of Schools.
Summary
The petitioner, Uma Bhadauria, a qualified Assistant Teacher, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and the District Inspector of Schools, Etawah, to promote him to Lecturer in Civics and to consider his pending representations. He alleged that despite possessing the requisite qualifications, the District Inspector had not acted on his repeated requests for promotion. The State respondents argued that the grievance should be addressed by the District Inspector and did not oppose a direction for the petitioner to file a fresh representation. The Court held that the petition did not merit adjudication on its merits and that the appropriate remedy lay in filing a fresh representation before the District Inspector. Accordingly, the Court disposed of the writ petition, directing the petitioner to submit a fresh representation within three weeks and the Inspector to decide it within three months, without making any substantive observations on the promotion claim.
Issues considered
- What is the appropriate forum for redressing the petitioner's grievance regarding promotion?
- Can the High Court issue a mandamus directing promotion of the petitioner without a fresh representation before the administrative authority?
Subjects
- mandamus
- promotion
- lecturer
- writ petition
- administrative law
- education
- district inspector of schools
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5529 of 2026
Uma Bhadauria
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hritudhwaj Pratap Sahi, Samarath Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard Sri Samarath Singh, learned counsel for the petitioner, Sri
Awadhesh Kumar Shukla, learned Standing Counsel representing State-
respondents and perused the record on board.
2. This writ petition has been filed, inter alia, seeking the following reliefs:
"1. to issue a writ, order or direction in the nature of the mandamus
commanding the respondents to promote the petitioner on the post of
lecturer in Civics in the present institution along with all consequential
benefits.
ii. to issue a writ, order or direction in the nature of mandamus
commanding the respondents, specifically the District Inspector of
Schools Etawah, to consider and pass appropriate orders upon the
various representations, which have been preferred by the petitioner
seeking promotion on the post of lecturer in Civics."
3. It has been submitted that the petitioner possessed the requisite
qualification to be promoted on the post of Lecturer in Civics from Assistant
Teacher LT Grade; however, despite the repeated requests, no decision has
been taken by the District Inspector of Schools (respondent No. 2) with
respect to his grievance.
4. Learned Standing Counsel appearing for the State-respondents has
contended that the grievance of the present petitioner can be more
appropriately redressed by the District Inspector of Schools (respondent No.
2), and he has no objection, in case, a direction is issued for expeditious
disposal of a fresh representation to be moved by the petitioner within such
stipulated period as may be directed by this Court.
WRIA No. 5529 of 2026
2
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the petitioner to move a fresh
representation before the District Inspector of Schools (respondent No. 2), to
ventilate his grievance, as averred in the present writ petition, within a
period of three weeks from today, along with a certified copy of this order
and a self attested copy of the present writ petition, and, in turn, he shall
consider and decide the same in accordance with law expeditiously,
preferably, within a period of three months from the date of production of
such representation.
6. With the aforesaid observation, present writ petition is disposed of.
April 20, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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