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2025 DAILYLAW 48168 (ALL)

SANTOSH KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/58179/2015 · 2025-08-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139281 Court No. - 52 Case :- WRIT - A No. - 58179 of 2015 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girish Chandra Yadav Counsel for Respondent :- C.S.C.,Deo Dayal Hon'ble Mrs. Manju Rani Chauhan,J. 1. Case is called out. None appears for the petitioner. Mr. K. Shahi, learned counsel for respondent nos.3 & 4 and learned Standing Counsel for the State-respondents are present. 2. Record shows that the case is listed in the category of oldest pending cases in this High Court, for priority hearing. 3. This matter is pending since 2015. It appears that either the petitioner has lost interest in pursuing the matter or it has become infructuous. 4. A notice has been placed on the notice board specifically, mentioning that "old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous" but, neither the counsel for the petitioner has appeared nor has the case been marked to indicate that the cause of action still survives. 5. The instant petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of certiorari to quash the impugned selection cut off marks list dated 18.09.2015 issued by District Basic Education Officer, District - Ambedkar Nagar. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to recalculate the quality point marks and prepare the merit list counseling wise in accordance with the guideline issued by Secretary, U.P., Basic Shiksha Parishad. (iii) Issue a writ order or direction in the nature of mandamus commanding the respondents to issue the appointment letter to the petitioner for the post of Assistant Teachers (Science) and appoint him in any upper Basic Schools of Ambedkar Nagar." 6. Mr. K. Shahi, learned counsel for respondent nos.3 & 4, submits that after fourth counselling the candidate who has obtained 66.15 quality point marks was selected. The petitioner's quality point marks was 66.11 which is less than the cut off marks for the last selected candidate in fourth counseling of O.B.C. category (Science), therefore, the petitioner is not entitled for the relief as prayed. 7. The aforesaid fact has not been denied by the petitioner in the rejoinder affidavit so filed. 8. In view of the aforesaid discussion, no interference is called for. Accordingly, the writ petition is dismissed. Order Date :- 14.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad