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Allahabad High Court

JOGENDER PRASADversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is disposed of, with the respondent directed to consider the petitioner’s reply, including any jurisdictional objection, and to pass a final order.

Summary

The petitioner, Jogender Prasad, filed a writ petition challenging a notice dated 16‑04‑2026 issued by the Joint Director of Education, Gorakhpur, which summoned him to appear on 30‑04‑2026. The petitioner argued that the authority had no jurisdiction to issue such a notice and that the petition lacked a proper averment of his appearance. The State, represented by the Standing Counsel, contended that only a notice had been issued, no adverse order, and the petitioner was free to raise all issues, including jurisdiction, before the court. The Court observed that the petition was filed merely to contest the notice and not any substantive order. Consequently, the Court disposed of the writ petition, directing the respondent to consider any reply filed by the petitioner within two weeks, including any jurisdictional objection, and to pass a final order expeditiously.

Issues considered

  • Whether the Joint Director of Education has jurisdiction to issue a notice requiring the petitioner’s appearance
  • Whether a writ petition can be entertained solely to challenge a notice in the absence of an adverse order

Subjects

  • jurisdiction
  • notice
  • writ petition
  • education department
  • procedural law

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                             WRIT - A No. - 7485 of 2026

                                    Jogender Prasad
                                                                                                    .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 4 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           :    Aditendra Singh, Vinod Kumar Singh
                                    Counsel for Respondent(s)           :    C.S.C.

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Vinod Kumar Singh, learned counsel for petitioner and Sri S.K.
                                    Mishra, learned Standing Counsel for State-Respondents.

                                    2. Petitioner has challenged notice dated 16.04.2026 issued by Joint Director
                                    of Education, Gorakhpur Region, Gorakhpur, whereby he was called to
                                    appear on 30.04.2026.

                                    3. According to learned counsel for petitioner, petitioner has appeared on
                                    said date of hearing though there is no supported averment in writ petition.
                                    He also submits that said authority has no jurisdiction to issue such notice.

                                    4. Learned Standing Counsel submits that till date only notice has been
                                    issued and no adverse order has been passed and petitioner has liberty to
                                    raise all issues including the issue of jurisdiction.

                                    5. In aforesaid circumstances, since petitioner has rushed before this Court
                                    only to challenge a notice, therefore, this writ petition is disposed of that
                                    concerned respondent will consider the reply of petitioner, if filed within a
                                    period of two weeks from today, including an objection to jurisdiction and
                                    pass final order in accordance with law expeditiously.


                                    May 18, 2026
                                    AK                                               (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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