- (1.) This special appeal arises out of the final order dated 30.01.2012 passed in Writ Petition No. 529 (SS) of 2012 (Rajendra Prasad Upadhyaya Versus State of U.P. and others), wherein on preliminary objection raised by the learned Standing Counsel, the writ petition was dismissed on the ground of availability of alternative remedy to the petitioner at the admission stage.
(2.) Since the grounds raised in the appeal relates to the maintainability of the writ petition in the background of existence of alternative remedy, which are purely legal in nature, thus, we have proceeded to decide the special appeal at the admission stage with the consent of parties' counsel.
(3.) Heard Mr. Anil Tiwari, learned Senior Advocate, assisted by Mr. Rajan Roy, learned counsel for appellant and Smt. Sangeeta Chandra, learned Additional Chief Standing Counsel for State and perused the record.;