Hemant Kumar vs State Of U.P. And Another
2022 Latest Caselaw 541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 199 of 2022
 

 
Appellant :- Hemant Kumar
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Shyam Murari Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pritinker Diwaker,J.

Hon'ble Ashutosh Srivastava,J.

This Intra-Court Appeal has been filed questioning the judgment dated 24.11.2021 passed by the learned Single Judge in Writ-A No. 15090 of 2021 (Hemant Kumar versus State of U.P. and another) whereby writ petition has been dismissed.

The records reveal that the writ petition was filed seeking issuance of a writ of mandamus directing the respondents to add the marks of wrong Question No. 143 of Booklet Series 'D' in the mark-sheet and select the petitioner in the final selection list.

It was contended before the learned Single Judge that appellant/petitioner had secured one mark less than the last selected candidate and if the benefit of the judgment of the co-ordinate Bench of this Court passed in Special Appeal (Defective) No. 343 of 2021 would be extended to the appellant, he would be selected.

The learned Single Judge has turned down the prayer made by the appellant by observing that the benefit of the judgment dated 25.8.2021 passed in Special Appeal (Defective) No. 343 of 2021 would be given to the appellants of the said special appeal and only to those candidates who had approached to this Court by filing writ petition till the date of the judgment and not to any other candidate.

The records further reveal that the writ petition by the appellant was filed only on 4.10.2021 which is a date subsequent to the order dated 25.8.2021 passed in Special Appeal (Defective) No. 343 of 2021 and in such view of the matter, the learned Single Judge was wholly justified in non suiting the appellant and dismissing his writ petition. We also find that the co-ordinate Bench while passing the order dated 25.8.2021 was conscious of the fact that the selections to the post of Assistant Teachers had already been finalized followed by appointments. The selection process having already been completed the directions in the appeal was limited to those candidates who had raised the issue by maintaining a writ and not to any other candidate.

In view of above, we find no illegality in the impugned order of the learned Single Judge. We find no merit in this Intra-Court Appeal and it is accordingly, dismissed.

 
Order Date :- 6.4.2022 
 
Ravi Prakash 
 

 
(Ashutosh Srivastava, J.)     (Pritinker Diwaker, J.)