✦ Allahabad High Court

Shivani Kashyap v. State Of U.P

ALLAHABAD LUCKNOW WRIT - A No. 8961 of 2023SHREE PRAKASH SINGH

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Provisions considered

Judgment

Srivastava Counsel for Respondent(s) : C.S.C., Neerav Chitravanshi, Ran Vijay Singh, Rishabh Tripathi Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Niteesh Kumar, learned counsel for the petitioner, learned counsel for the State and perused the record. Instant writ petition has been filed with the following main relief :- "(1) to issue a Writ, order or direction in the nature of Certiorari calling for the records of the case and to quash Clause 8 of Circular No.B.S.P./15748- 16070/2023-24 dated 01.07.2023 (Annexure no. 15) issued by Respondent No.3 (Secretary, Board of Basic Education U.P., Prayagraj) being violative of G.O. dated 02.06.2023 & 29.06.2023 issued by Respondent No.1 and being violative of the Provisions of Section 13 of the U.P. Basic Education Act, 1972 as well as Article 14 of the Constitution of India. " After arguing at some length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the opposite party no. 3/Secretary, Board of Basic Education, Prayagraj and the opposite party no. 3 may be directed to consider and decide the same within the stipulated period of time, as may be fixed by this court. Learned counsel appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case, the petitioner is given liberty to move a fresh representation, while 2 WRIA No. 8961 of 2023 raising all her claims and grounds before the opposite party no. 3/ Secretary, Board of Basic Education, Prayagraj within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of eight weeks, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. December 9, 2025 AKS (Shree Prakash Singh,J.) ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

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