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2026 DAILYLAW 1914 (ALL)

NEERAJ BHADAURIYA v. STATE OF U.P. AND 3 OTHERS

WRIA/6749/2026 · 2026-05-05

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 6749 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Pramendra Pratap Singh, Advocate holding brief of Mr. Shivendra Kumar Singh, learned counsel for the respondent- BSA. The petitioner has preferred instant writ petition with a prayer to direct the respondent-authorities to re-appoint the petitioner on the post of Shiksha Mitra in the Primary School Sahiyapur, Block Umarda, District Kannauj as well as further prayer to direct the respondents-authorities to decide the petitioner's representation within stipulated period. Learned counsel for the petitioner submits that the petitioner was selected for the post of Shiksha Mitra in the year 2006. However, after her marriage, when she returned to join the said post, she was informed that someone else had been appointed in her place. Since then, she has been representing before the respondents-authorities, but despite her repeated representations, no action has been taken till date. Learned counsel for the respondent-BSA submits that there is delay of nearly 19 years in filing the writ petition, which has not been explained, therefore, the petition may be dismissed on the ground of laches itself. In support of his contention, he has relied upon the judgment of the Co- ordinate Bench of this Court in the case of Bhagirath Prasad Sharma vs. State of U.P. and 4 Others, decided on 09.07.2024 passed in Writ- A No.9709 of 2024 (Neutral Citation No.- 2024:AHC:111436). Versus Counsel for Petitioner(s) : Dharmendra Kumar Singh, Karan Pandey Counsel for Respondent(s) : C.S.C., Shivendra Kumar Singh Neeraj Bhadauriya .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) It is settled law that a person, who is not vigilant and dormant about his/her right, cannot be allowed to agitate his/her right as has been held by the Apex Court in the case of Central Coalfields Limited through its Chairman and Managing Director & Ors. Vs. Parden Oraon reported in 2021 SCC OnLine SC 299. In view of the aforesaid, this Court finds no good ground to entertain the present writ petition. It is, accordingly, dismissed. May 6, 2026 Jitendra/- WRIA No. 6749 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad