SRI PRAKESH RAI v. STATE OF U.P. THRU. SECY. KARMIK (PERSONAL) LKO. AND ANOTHER
WRIA/12510/2025 · 2025-10-17
Manish Mathur
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 197318 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197318 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12510 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed seeking a direction to concerned authority to consider petitioner's candidature for appointment on the post of Gram Vikas Adhikari in District Ambedkar Nagar. 3. Mr. Sudhir Kumar Singh learned state counsel has raised a preliminary objection regarding maintainability of this petition with the submission that the petitioner had participated in the selection for the said post for the year 1998 and upon being declared successful had filed Writ A No. 17149 of 2020, which was dismissed vide judgment and order dated 2nd February 2023 whereafter Special Appeal No. 85 of 2023 thereagainst was also dismissed on 14th March 2023 and Special Leave Petition bearing Diary No. 6192 of 2024 was also dismissed on 25th June 2024. It is submitted that review thereagainst was also dismissed and therefore there is no fresh occasion for filing of the present writ petition. 4. Learned counsel for petitioner in response thereto submits that the petitioner is duly qualified for appointment on the said post, which even otherwise is lying vacant, the only prayer he is seeking is for a right for being considered for appointment on the said post. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that petitioner participated in the recruitment for aforesaid post in the year 1998 as a National Level Player under Sports Quota. He was not given benefit being a National Level Player and therefore filed Writ Petition No. 1844 (S/S) of 1999 which was disposed of vide order dated 31st July 2009 directing the authorities concerned to decide his representation which in pursuance thereof was rejected by means of order dated 13th November 2009. The said order was challenged in Writ Petition No. 2589 (S/S) of 2010 which was decided Versus Counsel for Petitioner(s) : Ashuja Gupta, Arvind Kumar Jauhari Counsel for Respondent(s) : C.S.C. Sri Prakesh Rai .....Petitioner(s) State Of U.P. Thru. Secy. Karmik (Personal) Lko. And Another .....Respondent(s)
vide order dated 16th October 2019 again directing the authority concerned to decide petitioner's representation ignoring the earlier order dated 13th November 2009. 6.
In compliance of the said order, the order dated 16th October 2019 was passed again rejecting petitioner's representation. The same was challenged in Writ A No. 17149 of 2020 which was also dismissed vide judgment and order dated 2nd February 2023 primarily on the ground that the petitioner had failed to submit a National Level certificate to claim benefit of being National Level Player under the Sports Quota. As indicated herein above, special appeal and special leave petition thereagainst have already been rejected. 7. The present petition has thereafter been filed only seeking a writ in the nature of Mandamus for considering petitioner's appointment on the said post. 8. It is therefore quite evident that once petitioner has already been held by Coordinate Bench of this Court to be unqualified under the category in which he has applied and the said judgment was upheld right up to the Supreme Court, the present petition is therefore barred and is not maintainable. 9. In view of aforesaid facts and circumstances, the petition is dismissed at the admission stage itself with cost of Rs. 10,000/-. The said cost shall be deposited with the Registrar of this Court within a period of two months from today failing which same shall be recovered as arrears of land revenue. October 17, 2025 prabhat WRIA No. 12510 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench