Allahabad High Court

IMAMI MANSOORIversusSTATE OF UP AND 5 OTHERS

Decided: 5 May 2026
Bench: SWARUPAMA CHATURVEDI SAUMITRA DAYAL SINGH

Holding

The appeal is devoid of merit and is dismissed.

Summary

The appellant, Imami Mansoori, filed a special appeal 149 days after the order of the single judge dated 31 October 2025, seeking to challenge the promotion of a private respondent (no.6) to Lecturer in Physics. The court first condoned the delay in filing the appeal as no objection was raised. The appellant, a Social Science teacher, alleged that the promotion should be for the Social Science post and that the private respondent was ineligible for promotion. The court found that the appellant had not raised any concrete grounds or cause of action to oust the private respondent's claim, and the matter was pending before the District Institute of Open Schooling (DIOS), Jhansi. Consequently, the appeal was held to be without merit and was dismissed without costs.

Issues considered

Whether the delay of 149 days in filing the appeal can be condoned
Whether the appellant has a valid cause of action to challenge the promotion of the private respondent
Whether the private respondent is eligible for promotion to Lecturer in Physics

Subjects

civil procedure
delay condonation
service law
promotion dispute
writ petition
appellate jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                SPECIAL APPEAL DEFECTIVE No. - 355 of 2026

Imami Mansoori
                                                             .....Appellant(s)
                                   Versus

State Of Up And 5 Others
                                                          .....Respondent(s)

Counsel for Appellant(s)         : Harish Chandra Yadav, Prem Prakash
Counsel for Respondent(s)        : C.S.C.

Court No. - 3
                HON'BLE SAUMITRA DAYAL SINGH, J.
                HON'BLE SWARUPAMA CHATURVEDI, J.

Re: Civil Misc. Delay Condonation Application No. 01 of 2026

1. Present appeal has been filed with a delay of 149 days.


2. In absence of any objection raised, delay in filing the present appeal is

condoned. Delay condonation application is allowed.


Order on Appeal


3. Having heard Sri Prem Prakash, learned counsel for the original

petitioner and Sri Rajiv Gupta, learned Additional Chief Standing

Counsel for the State-respondents, we find, no error in the order of the

learned single judge dated 31.10.2025 passed in Imam Mansoori Vs.

State of U.P. & 5 Ors.; 2025:AHC:191519.


4. Undeniably, the petitioner is a teacher in subject Social Science

whereas the private respondent is a teacher in subject Physics. He also

teaches Mathematics and Science. To the extent promotion on the post of

Lecturer is described to be underway at the institution where both original

petitioner/appellant and the private respondent no.6 are working, no cause

of action has crystalised to the petitioner to raise the present challenge so
                                                                                            SPLAD No. 355 of 2026
                                                                   2


                                    as to oust the claim of the private respondent no.6.


                                    5. Grievance of the petitioner is that the post is available for promotion in

                                    the subject Social Science. However, it also appears to be his case that

                                    overlooking that claim promotion is being granted to the private

                                    respondent no.6 in the subject Physics. Further, grievance has been raised

                                    that the private respondent no.6 is not eligible for promotion. However,

                                    looking into his representation dated 04.04.2025, no concrete ground has

                                    been raised by the original petitioner as may warrant any serious

                                    consideration by the writ Court.


                                    6. Learned Additional Chief Standing Counsel also points out that the

                                    dispute whatever it may be worth, his representation is pending

                                    consideration before the DIOS, Jhansi.


                                    7. On the aforesaid consideration, we find, the present appeal is devoid of

                                    merit. It is accordingly dismissed. However, in his status as a teacher, no

                                    cost has been imposed.



                                                     (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    May 6, 2026
                                    Abhilash




Digitally signed by :-
ABHILASH SINGH
High Court of Judicature at Allahabad

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