Allahabad High Court
Prateek Gupta And Ors. vs State Of U.P.Thru.Prin.Secy. ... on 20 October, 2022
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- WRIT - A No. - 5830 of 2021
Petitioner :- Prateek Gupta And Ors.
Respondent :- State Of U.P.Thru.Prin.Secy. Basic Education And Ors.
Counsel for Petitioner :- Himanshu Raghave
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Rajnish Kumar,J.
Heard Sri Himanshu Raghave, learned counsel for the petitioners, learned Standing Counsel and Sri Ajay Kumar, learned counsel for the respondent nos. 3 and 4.
The petitioners have challenged the allotment of districts by means of the letter dated 31.08.2018 and 02.09.2018. The petitioners have been allotted different districts whereas the petitioners want revision of the allotment of districts as per the preferences given by them.
Learned counsel for the petitioner relies on a judgment and order dated 14.09.2021 passed by a Division Bench of this Court in Special Appeal No.274 of 2020(Amit Shekhar Bhardwaj versus State of U.P. and 2 others), in which this Court has issued directions for consideration of re-allotment. Accordingly, he prays for direction for consideration of the request of the petitioners for re-allotment.
On the other hand, Sri Ajay Kumar, learned counsel for the respondent no.3, relying on a judgment and order dated 08.03.2022 passed by a Division Bench of this Court in Special Appeal(D) No.1048 of 2021(Tiwari Manish and others versus State of U.P. and others) (O & M), submits that no such direction can be issued now because the directions in the aforesaid order dated 14.09.2021 were passed on the basis of the consent between the parties.
Having considered the submissions of learned counsel for the parties and on perusal of record, this Court finds that certain directions were issued for consideration of re-allotment of districts by means of the order dated 14.09.2021 passed in Special Appeal No.274 of 2020(Amit Shekhar Bhardwaj versus State of U.P. and 2 others).
Considering the aforesaid judgment and the directions issued in the order dated 14.09.2021 passed in Special Appeal No.274 of 2020, the Division Bench in the judgment and order dated 08.03.2022 passed in Special Appeal(D) No.1048 of 2021(Tiwari Manish and others versus State of U.P. and others) (O & M) has declined to issue any such direction observing that the aforesaid directions were issued with the consent of the parties.
The relevant paragraph 7 of the order dated 08.03.2022 is extracted hereinbelow:
"7. A perusal of the aforesaid order passed by Division Bench of this Court shows that the relief granted therein was on the basis of the consent between the parties as there were appeals filed by U.P. Basic Shiksha Board, which were disposed of by a consenting order. A direction was also issued that the same shall not be treated as a precedent for the reason that the Court had not given any judgment on the merits of the controversy. The idea behind it was that the issue, which already stood settled, should not be unsettled as the allocation of the districts to the candidates may entail some changes in the process, which had already been concluded, or may affect some of the candidates. The things which have already been settled, cannot be unsettled specially where there are large number of candidates still available, who have not challenged the order passed by the learned Single Judge. Any interference in the present appeals will open a floodgate and will not let the State to finalize the issue of allocation of districts to the selected candidates."
In view of above, the prayer of the petitioners is mis-conceived and cannot be granted. The writ petition is accordingly dismissed. No order as to costs.
Order Date :- 20.10.2022
Akanksha
