Neutral Citation No. - 2025:AHC:74346 Court No. - 6 Case :- WRIT - A No. - 10476 of 2022 Petitioner :- Usha Gupta And 17 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- A.S.G.I.,Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Satyendra Chandra Tripathi, learned counsel for petitioners and Ms. Archana Singh, learned counsel for respondents. 2. Prayers made in this writ petition cannot be raised under present jurisdiction on basis of nature of prayer which are reproduced hereinafter:- "a) Issue a writ order or direction in the nature of Mandamus commanding the respondents to provide free and compulsory education to all children below age of six years (Pre-primary schools/Nursery School) in such a manner as State may by law determined in the light of the judgment of Hon'ble Supreme Court in case of Unni Krishnan Vs. State of Andhra Pradesh, 1993 AIR 2178, report of National Commission to Review the Working of the Constitution dated 31.3.2002, Law Commission of India report No. 259 dated 27.8.2015 and National Education Policy- 2020. (Annexure No. 1,12,13 &14 to writ petition). b) Issue a writ order or direction in the nature of Mandamus commanding the respondents to open Pre-primary schools/Nursery Schools and make them as integral part of the primary schools run by the Uttar Pradesh Board of Basic Education. c) Issue a writ order or direction in the nature of Mandamus commanding the respondents to appoint petitioners on post assistant teacher in Pre-primary schools/Nursery Schools who hold Nursery Teachers Education Certificate Course (NTT Course) and pay salary as paid to regular assistant teacher of primary school run by Uttar Pradesh Board of Basic Education. d) Issue any order or direction which the Hon'ble Court may deem fit and proper under the circumstances of the case. e) Award the cost of the writ petition in favour of the petitioners." 3. No mandamus can be issued, commanding respondents to make law except in exceptional circumstances since there are various judgments of this Court as well as Supreme Court against the prayer. 4. At this stage, learned counsel for petitioners submits that this writ petition may be dismissed as withdrawn with liberty to challenge G.O. dated 26.07.2024 and 24.08.2024, if so advised. 5. Accordingly, this writ petition is dismissed as withdrawn with aforesaid liberty. Order Date :- 8.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad