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2025 DAILYLAW 203009 (ALL)

TAIYBA FATIMA v. STATE OF U.P. THRU. PRIN. SECY./ ADDL. CHIEF SECY. MINORITY WELFARE LKO. AND 5 OTHERS

WRIA/13118/2025 · 2025-11-12

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13118 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Case called out in the revised list. None is present for the petitioner. Heard Mr. Uday Veer Singh, learned counsel for respondent nos. 1, 3, 4 & 5, Mr. Afzal Ahmad Siddiqui, learned counsel for respondent no. 2 and perused the records. Notice to the respondent no. 6 is hereby dispensed with as the matter is being decided at admission stage. By way of the present writ petition, the present petitioner has laid challenge to the order dated 12.05.2023, by which the advertisement for appointment of Instructor has been cancelled and by the same stroke of pen, it was directed that the post shall be re-advertised. From perusal of the order impugned, it is apparent that after receiving the report, the District Minority Welfare Officer, Ambedkar Nagar has passed the order and undoubtedly, the wisdom for cancelling the advertisement vests with the District Minority Welfare Officer. The order has been passed, way back on 12.05.2023. Learned counsel appearing for the respondent no. 2 has placed a copy of order dated 20.07.2023, wherein, the order impugned herein dated 12.05.2023 was challenged and after considering the same, the coordinate bench of this Court had dismissed the writ petition bearing Writ A No. 5146 of 2023. Order dated 20.07.2023 is quoted hereinunder:- Versus Counsel for Petitioner(s) : Kunwar Bahadur Singh Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui Taiyba Fatima .....Petitioner(s) State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Minority Welfare Lko. And 5 Others .....Respondent(s) "Heard learned counsel for the petitioner, learned Standing Counsel and Shri Afzal Ahmad Siddiqui, learned counsel for the respondents. The instant writ petition has been filed challenging the order dated 12.05.2023, a copy of which is annexure 1 to the petition, whereby prior to finalising the selection of Anudeshak Computer / Anudeshak Aashulipik (Hindi) / Anudeshak Silai Katai, the advertisement has been cancelled. The reasons as emerge from the perusal of the impugned order are that the marks of interview have been awarded in excess to the petitioner. Various grounds have been raised by learned counsel for the petitioner challenging the said order. However, it is settled position of law that even a selected candidate has no right for appointment. In the instant case the selection was yet to be finalised and prior to finalisation the same has been cancelled. Even otherwise the reasons as emerge from the order indicate justifiable reasons for cancellation. Considering the aforesaid, no case for interference is made out. Accordingly, the writ petition is dismissed." This Court finds that the matter has already been dealt with by the coordinate bench of this court and further, the petitioner has approached after passing of about more than two years, thus, the writ petition lacks merits. Ergo, the instant writ petition is hereby dismissed. Consigned to the records. November 12, 2025 Mayank WRIA No. 13118 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench