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2021 DAILYLAW 1641 (ALL)

PRATAP SINGH TIWARI v. STATE OF U.P. AND 2 OTHERS

WRIA/5166/2021 · 2026-03-17

Saurabh Shyam Shamshery

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5166 of 2021 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Shivam Agarwal, learned counsel for petitioner and Sri B.N. Singh, learned counsel for respondents. 2. This Court has passed following order on 17.12.2025 :- "1. Heard learned counsel for the parties. 2. This writ petition was filed in the month of March, 2021 with the prayer that the petitioner be permitted to participate in the interview which was scheduled on 23.03.2021 for the post of Principal in Graduate College and Post Graduate College on the basis of the advertisement issued by the Commissioner. 3. Admittedly, no interim order was granted and the petitioner therefore never participated in the interview and now in the year 2025 when much water has flown such as not only said recruitment process has already been concluded. Even waiting list is also exhausted, therefore there is a very little scope for consideration of prayer. Even if any vacancy has arisen due to resignation of a selected candidate would be subject to fresh recruitment. 4. The Court is of view that in above circumstances even if the submission of petitioner is accepted that he was wrongly stopped from participation in interview, relief sought may not be granted. Court also Versus Counsel for Petitioner(s) : Atipriya Gautam, Ishir Sripat, Kunwar Akhilendra Singh, Rakesh Pathak, Ram Krishna, Samarath Singh, Shivam Agarwal, Vinod Kumar Mishra Counsel for Respondent(s) : Bhupendra Nath Singh, C.S.C. Pratap Singh Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) takes note of a judgement passed by coordinate bench in Dr. Rituraj Vs. State of U.P. and 2 others (Writ-A No. 5075 of 2021) alongwith connected writ petitions, decided on 15.11.2022, which appears to be against the petitioners. 5. At this stage, learned counsel for the petitioner seeks two weeks' time to lay hand on some judgements, which could favour petitioner's case in given circumstances. 6. Let this matter come up in the 3rd week of January, 2026. " 3. Even in above circumstances, a factor which goes in favour of petitioner that he has immediately approached this Court, however, present writ petition kept pending for 4 years, therefore, he is prejudiced, hence, this Court is of the view that if a fresh recruitment process is still not initiated and vacancies are still available (due to resignation or otherwise), petitioner may be called for interview, however, for that, petitioner has to submit a representation so that respondents may take a decision to call the petitioner for interview, if no other legal impediment exists. 4. Writ petition stands disposed of with above observations. March 18, 2026 N. Sinha WRIA No. 5166 of 2021 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad