Neutral Citation No. - 2025:AHC:52636 Court No. - 6 Case :- WRIT - A No. - 4467 of 2025 Petitioner :- Neha Upadhyay And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Om Prakash Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Om Prakash Chaturvedi, learned counsel for petitioners and Mrs. Archana Singh, Advocate for Respondents-2 and 4. 2. Learned counsel for parties are in agreement that this writ petition may be disposed of in terms of order dated 01.04.2025 passed by this Court in Writ-A No. 2062 of 2024 (Om Prakash vs. State of U.P. and others), 2025:AHC:44327, which is reproduced hereinafter: “1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioner and Mrs. Archana Singh, Advocate for Respondents-4 and 5. 2. The issue with regard to appointment of Assistant Teachers in pursuance of Advertisement dated 15.12.2016 for filling 12460 posts is presently seized with Supreme Court. 3. Learned Senior Advocate appearing for petitioner refers interim order passed by Supreme Court in Special Leave to Appeal (Civil) No. 8536 of 2020 alongwith other matters. For reference order dated 08.01.2024 and order dated 15.05.2024 is reproduced hereinafter: Order dated 08.01.2024 “Mr. Ankit Goel, learned counsel appearing for the State, prays for and is granted three weeks’ time to seek instructions in the matter and file counter affidavit. Re-list after three weeks. In the meantime, the posts which are already vacant, shall not be filled up and status quo, as it exists today, shall be maintained by the parties.” Order dated 15.05.2024 “After hearing learned counsel for the parties and on perusal of the statistics which are submitted before us, it reveals that the orders of appointment of 1796 persons and 4060 persons, who are in merit, have been issued on 30.12.2023 and 07.01.2024 respectively. Considering the post vacation academic session, which is to commence from 15th of June, 2024, we permit these 5856 persons to join, subject to final outcome of these appeals. The permission for joining is allowed looking to the public interest observing that their appointment and joining shall be subject to final outcome of the appeals. In view of the order passed above, the order dated 08.01.2024 stands modified. Re-list the matter on 28.08.2024.” (Emphasis supplied) 4. Learned Senior Advocate submits that petitioner is not disputing that his name is not included in the list of 5856 candidates, however, his case is of arbitrariness since few candidates who are not included in said list, are given appointment, allegedly by issuing back dated appointment letters and he refers averments made in para 30 of writ petition, which is reproduced hereinafter: “30. That even in other districts of the State appointment orders have been issued subsequent to the order of the Supreme Court dated 15.05.2024. Attention is drawn in this regard to Writ-A No. 9442 of 2024 (Kumar Neha Gupta versus State of U.P. & others). True Copy of the order passed by the High Court in Writ-A No. 9442 of 2024 (Kumari Neha Gupta vs. State of U.P. and others) is annexed as Annexure-15 to this writ petition.” 5. Learned Counsel appearing for Respondents-4 and 5, is carrying the list of 5856 candidates in a sealed cover, however, since petitioner?s name is admittedly not included therein, therefore, there is no reason to open it. The Court takes note of submission of learned Senior Advocate appearing for petitioner, however, Court is of the view that since matter is seized with Supreme Court, therefore, at this stage, to consider the grievance of petitioner, so far as arbitrariness is concerned, would not be appropriate. 6. The writ petition is accordingly disposed of reserving liberty to petitioner to take legally available recourse to approach Supreme Court, if so advised.” 3. Learned counsel for petitioners submits that a further liberty may be granted that after the matter is disposed of by Supreme Court, they have liberty to approach before this Court also, if so advised. 4. The above submission is taken note of and the writ petition is disposed of in terms of judgment passed in Om Prakash (supra) as well as with above liberty also. Order Date :- 10.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad