1 Neutral Citation No. - 2025:AHC:21958 Judgment Reserved on 5.2.2025 Delivered on 17.2.2025 Court No. - 10 Case :- WRIT - A No. - 18981 of 2024 Petitioner :- Basudeo Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- S.K. Singh Vashisht Counsel for Respondent :- C.S.C.,Ved Byas Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri S.K. Singh Vashisht, learned counsel for the petitioner, Sri Anil Kumar Singh learned counsel for the respondent no.2 and Sri A.K. Nagwanshi, learned Additional Chief Standing Counsel. 2. Present case is arising out of a selection process on the post of Principal held in the year 2008-2009. 3. In the selection process, one Mangal Mani Tripathi was selected in the merit list at Serial No.1, whereas the petitioner was at Serial No.2. 4. The petitioner has filed a Writ Petition No. 28662 of 2009, whereby he has challenged the selection of said Mangal Mani Tripathi, which was allowed vide order dated 10.12.2010 and selection of said Mangal Mani Tripathi was set-aside. 5. Aforesaid order dated 10.12.2010 was thereafter challenged by said Mangal Mani Tripathi before a Division Bench of this Court by way of filing a Special Appeal No.2014 of 2010, which was 2 dismissed vide order dated 2.4.2014. Thereafter, said Mangal Mani Tripathi approached the Supreme Court challenging the aforesaid order by way of filing a Special Leave to Appeal (Civil No.15899 of 2014), wherein vide order dated 19.8.2014 and parties were directed to maintain status quo i.e. said Mangal Mani Tripathi continued to work as Principal. 6. Matter remained pending before the Supreme Court and in the year 2018 said Mangal Mani Tripathi got retired. Still thereafter matter remained pending and finally vide order dated 29.7.2024, the Civil Appeal 952 of 2017 was disposed of on basis of a statement given by Mangal Mani Tripathi that since he has retired, therefore, appeal has rendered infructuous. 7. In aforesaid circumstances, now the petitioner has approached this Court that since the writ petition filed by him was allowed in the year 2010 and the appointment of Mangal Mani Tripathi was set-aside and Supreme Court has not disturbed the said order, therefore, the petitioner who was at Serial No.2 in the merit list be now appointed as a Principal of the College concerned. 8. Per contra, learned counsel for the respondent no.2 and learned Additional Chief Standing Counsel submitted that much water has flown and after retirement of Mangal Mani Tripathi some other person was appointed as well as life of a waiting list cannot have life more than one year, which has already expired in the year 2010. 9. I have considered the above submissions and perused the records. 3 10. That facts are not under dispute that appointment of Mangal Mani Tripathi was challenged at the behest of petitioner and petitioner remained successful. However, challenge to it at the behest of Mangal Mani Tripathi reached upto to the Supreme Court and under the order of status quo as referred above Mangal Mani Tripathi completed his tenure and retired in the year 2018 and the appeal was finally disposed of on 29.7.2024 being infructuous. 11. The petitioner has not taken any steps before the Supreme Court for early disposal of Civil Appeal or modification of interim order. Even after retirement of Mangal Mani Tripathi in the year 2018, he has not taken any steps. The appeal was finally disposed of in the presence of his counsel still no clarification was sought. 12. So far as law in regard to life of a waiting list is concerned, it is well settled that in the absence of any specific provision, waiting list would ordinarily remain valid for one year, as such in present case, life of waiting list was over a decade and half years ago. In this regard Court takes note of judgments passed by Supreme Court in Ali Hosain Mandal and Ors. Vs.West Bengal Board of Primary Education & Ors. 2024 SCC OnLine SC 1189 and Girdhar Kumar Dadhichi & Anr Vs. State of Rajasthan & Ors, (2009) 2 SCC 706. 13. Submission of learned Additional Chief Standing Counsel, has merit that much water has flown and since the petitioner has not taken any steps to get the order of status quo modified and even after the retirement of Mangal Mani Tripathi in the year 2018 for six years, no attempt was made before the Supreme Court for modification of the interim order or to bring the subsequent events on record even when Civil Appeal was disposed of in 2024. The 4 petitioner was though successful in his legal battle, but due to delay and due to his lethargic approach he could not get fruits of it and as referred above, since the life of waiting list is normally upto one year which got expired in the year 2010-2011 i.e. about a decade and half years ago, therefore, relief sought cannot be granted. 14. It has also been brought on record that after the retirement of Mangal Mani Tripathi, now new Principal has taken place, though on transfer, therefore, any argument based on such fact would also not be helpful for the petitioner, therefore, considering above reasons, no circumstances exist to grant any relief to the petitioner. 15. Writ petition is accordingly dismissed. Order Date :-17.2.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad