Lalit Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 1244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 20701 of 2022
 

 
Petitioner :- Lalit Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manoj Kumar Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajeev Singh,J.

Heard Sri Manoj Kumar Gautam, learned counsel for the petitioner, Sri Shailendra Singh, learned Standing Counsel for the respondent No.1 & 2 and Mrs. Archana Singh, learned counsel for the respondent No.3.

The present writ petition is filed with the following prayer:-

"to issue a writ, order or direction to the authority/respondent no.2 to consider the claim of the petitioner or issue a direction to respondent no.2 to dispose the petitioner's representation dated 10.11.2022 by providing additional marks/dividend."

Learned counsel for the petitioner submits that petitioner is entitled to get the benefit of judgment and order passed by this Court in Special Appeal (D) No.343 of 2021 dated 25.8.2021.

Learned counsel for the respondent vehemently opposed the prayer of the petitioner and submits that selection in question is related to the year 2019, in which, petitioner was disqualified. He further submits that the appellants of the Special Appeal (D) No.343 of 2021 have filed writ petition immediately after the publication of the result, challenging the answer key published on 5.8.2020 but the same was rejected, thereafter, they filed the aforesaid special appeal, which was allowed subject to the rider that benefit of order only be extended to the appellants and when it came into the knowledge of the petitioner, he moved representation in the month of November, 2022 and thereafter, the present writ petition was filed as the benefit of judgment of aforesaid appeal not given to the petitioner, as he never raised his grievance after the declaration of the result of the examination in question.

Considering the submissions of learned counsel for the parties and going through the contents of the writ petition as well as judgment of Special Appeal (D) No.343 of 2021 dated 25.8.2021, as the benefit of judgment of Special Appeal is extended only to the appellants not to others, as the petitioner moved representation after three years from the decision of Special Appeal and no reason has been explained by the petitioner that why he has not raised his grievance within time.

In such, circumstances, the writ petition is misconceived and is, accordingly, dismissed.

Order Date :- 11.1.2023

Gaurav