HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 155 of 2022 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Sashank Tripathi holding brief of Sri Vaibhav Srivastava learned counsel for the appellant and Sri Manish Mishra, learned Standing counsel for the State. 2. Having heard learned counsel for the appellant and perused the record, we find that the learned single Judge dismissed the writ petition only on the ground that if there is a mistake in offering the appointment to the petitioner then the same could have been corrected specially as the appellant was at serial no. 2 of the wait list, however on perusal of the contents of the writ petition, we find that several pleas were raised; one of which was that at serial no. 8 of the general instructions it was mentioned that the number of vacancies may increase or decrease, but none of the pleas have been considered. 3. The judgment of learned writ court does not state as to what illegality was found in the appointment of the appellant. If in view of the aforesaid condition of the advertisement that the number of vacancies may increase or decrease and there was no mention of any illegality in the appellant's appointment, it should have been clarified as to why the appellant's appointment could be cancelled or the writ petition dismissed. 4. We are, therefore, of the opinion that the writ petition is required to be re-heard and re-considered and the pleas raised, those which are relevant Versus Counsel for Appellant(s) : Vaibhav Srivastava Counsel for Respondent(s) : C.S.C., Ajay Kumar, Sarvesh Kumar Dubey Sapna Singh (In Wria 27752 Of 2021) .....Appellant(s) State Of U.P. Prin. Secy. Basic Edu.Civil Secrt. Lko. And Ors .....Respondent(s) for consideration, are required to be considered afresh. 5. The judgment/order dated is 29.11.2021 is accordingly set aside. Consequently, the writ petition bearing no. Service Single No. 27752 of 2021 shall stand restored to its original number. 6. If pleadings have already been exchanged the writ court shall proceed to hear the matter afresh keeping in mind the observation as made above. 7. The appeal is allowed in part. November 20, 2025 kanhaiya SPLA No. 155 of 2022 2 (Zafeer Ahmad,J.) (Rajan Roy,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench