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Allahabad High Court

UTTAR PRADESH PUBLIC SERVICE COMMISSIONversusSURABHI RAMESH PANDEY AND 2 OTHERS

Decided

Holding

The appeal is dismissed as infructuous.

Summary

The Uttar Pradesh Public Service Commission appealed against Surabhi Ramesh Pandey and two others, contending that the original petitioners had failed to clear the examination and that the appeal had become infructuous due to the passage of time. The learned counsel for the Commission argued that the appeal should be dismissed as it was rendered moot. The standing counsel raised no objection to this submission. The High Court examined whether the appeal could be entertained given the failure of the original petition and the lapse of time. Finding that the appeal was indeed infructuous, the Court dismissed it. The judgment was delivered on April 9, 2026.

Issues considered

  • Whether an appeal is maintainable when the original petitioner has not succeeded in the examination and the appeal has become infructuous due to lapse of time

Subjects

  • Public Service Commission
  • Appeal
  • Infructuous
  • Examination failure
  • Lapse of time
  • Administrative law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    SPECIAL APPEAL DEFECTIVE No. - 414 of 2025

                                    Uttar Pradesh Public Service Commission
                                                                                               .....Appellant(s)
                                                                       Versus

                                    Surabhi Ramesh Pandey And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)        : Nipun Singh
                                    Counsel for Respondent(s)       : A.S.G.I., Jayant Prakash Singh, Prem
                                                                      Narayan Rai

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

                                    1. Sri Avneesh Tripathi, learned counsel for the Commission/appellant,
                                    submits that since the original petitioner did not succeed in the
                                    examination, the present appeal has been rendered infructuous by efflux
                                    of time.

                                    2. Learned Standing Counsel has no objection.

                                    3. Accordingly, the appeal is dismissed as infructuous.



                                                      (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    April 9, 2026
                                    A.N. Mishra




Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad


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