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2025 DAILYLAW 9227 (ALL)

SANDEEP KUMAR AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

WRIA/722/2025 · 2025-03-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29681 Court No. - 10 1. Case :- WRIT - A No. - 722 of 2025 Petitioner :- Sandeep Kumar And 7 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Neeraj Singh,Shaikh Mohd Mujib Ur Rahman,Varun Shukla,Yateesh Kumar Singh Counsel for Respondent :- C.S.C.,Gagan Mehta 2. Case :- WRIT - A No. - 748 of 2025 Petitioner :- Sujeet Kumar Singh And 11 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Ram Kailash Yadav,Surya Bhan Singh Counsel for Respondent :- C.S.C.,Gagan Mehta Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Neeraj Singh and Sri Prabhakar Awasthi,, learned counsel for petitioners and Sri Gagan Mehta, learned counsel for Respondents. 2. In the present cases it is not under much dispute that an issue with regard to extension of last date of submission of form for selection process on appointment of Assistant Professor in Non Government Aided Colleges was settled that cut off date was not arbitrary, in the cases of Divyesh Kumar Yadav vs. State of U.P. and another, Neutral Citation No. 2022:AHC:124756 and challenged to it before Division Bench was failed in Divyesh Kumar Yadav vs. State of U.P. and another, Neutral Citation No. 2022:AHC:161569-DB. 3. Petitioners in above referred both writ petitions have qualified NET subsequent to cut off date. According to learned counsel for petitioners, it was due to COVID-19 Pandemic and their result was declared later on. Learned counsel further submits that the window was earlier opened for filling up forms when seats were increased on atleast two occasions and now since examination is due in February, 2025 and petitioners are now eligible to participate, therefore, a chance be given to them to fill up the forms. 4. As referred above the cut off date was not arbitrary as held in Divyesh Kumar Yadav (supra). Petitioners remained silent from 2022 till filing of these writ petitions and they have not taken any steps to approach this Court with a prayer to open the window to submit their forms and now when date of examination is fixed, they have approached this Court. It is not demonstrated that when subsequently a window was opened, similarly situated persons, i.e., who have passed NET subsequent to cut off date, were allowed to fill form. Therefore, petitioners were not diligent and in case at this stage the prayer is allowed, not only it will open a pandora box but it would be contrary to judgments passed in Divyesh Kumar Yadav (supra) as upheld by Division Bench of this Court and Court cannot take a contrary view to those judgments. 5. The writ petitions are accordingly dismissed. Order Date :- 3.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad