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Allahabad High Court

GOPAL JIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the respondent must decide the pending representation and pass a reasoned order within three days, after providing a hearing to the petitioner.

Summary

The petitioner, Gopal Ji, filed a writ petition seeking a mandamus directing the State of U.P. to consider and decide his representation dated 16‑08‑2026 for a scribe and compensatory time facility in the upcoming Assistant Professor examination on 18‑09‑2026. He had previously obtained a similar facility for the PCS (Mains) exam after a prior writ (Writ‑A No. 17708 of 2025) and an order dated 28‑01‑2026. Despite that, his later representation for the new exam remained pending. The High Court, without delving into the merits, ordered the respondent to hear the petitioner, decide the representation in accordance with the applicable government orders, and issue a reasoned order within three days of the certified copy of the judgment. The order emphasizes compliance with the earlier directive and relevant statutory provisions on scribe facilities. The petition was consequently disposed.

Issues considered

  • Whether the respondent authority is obligated to decide the petitioner's representation for a scribe and compensatory time within a stipulated period.
  • Whether a writ of mandamus can be issued to compel the respondent to pass a reasoned order on the representation.
  • Whether the earlier order and government regulations on scribe facilities apply to the forthcoming examination.

Subjects

  • writ petition
  • mandamus
  • scribe facility
  • compensatory time
  • disability rights
  • examination
  • government orders

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 14248 of 2026

Gopal Ji
                                                                   .....Petitioner(s)
                                       Versus

State of U.P. and Another
                                                                .....Respondent(s)

Counsel for Petitioner(s)               :   Om Prakash Singh
Counsel for Respondent(s)               :   C.S.C., Mahendra Narain Singh

Court No. - 52
              HON'BLE MRS. MANJU RANI CHAUHAN, J.

1. Heard Mr. Om Prakash Singh, learned counsel for the petitioner,
learned Standing Counsel for the State-respondents and Sri Mahendra
Narain Singh, learned counsel for the respondent no.2.

2. The present writ petition has been filed inter-alia for the following
reliefs:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the
respondent to consider and decide the petitioner's representation dated 16/08/2026,
and forthwith provide the facility of a scribe/writer along with compensatory time to
the petitioner for the forthcoming Assistant Professor Government Degree College
(Main) Examination scheduled on 18.09.2026, in accordance with law laid down by
the Hon'ble Apex Court in Special Leave Petition No. 3221 of 2026, by passing a
reasoned and speaking order within a stipulated time frame, prior to the
commencement of the said examination.

3. Learned counsel for the petitioner submits that the petitioner had earlier
appeared in the PCS (Mains) Examination, wherein a request was made to
provide the facility of a scribe/writer along with compensatory time. In
this regard, petitioner moved a representation seeking permission to
appear in the PCS (Mains) Examination with the facility of a scribe/writer
and compensatory time, pursuant to which Writ-A No. 17708 of 2025 was
filed before this Court, which was disposed of vide order dated
10.12.2025 with direction to the respondent authorities to consider and
decide the representation of the petitioner within a period of two weeks.
                                                                                                                WRIA No. 14248 of 2026
                                                                                2


                                    4. In compliance of the aforesaid order, the respondent authority passed
                                    an order dated 28.01.2026 providing the facility of a scribe/writer and
                                    extending compensatory time of 20 minutes per hour, as is evident from
                                    the following extract:-

                                    "भारत सरकार द्वारा जारी संशोधित शासनादेश दिनांक-01.08.2025 के प्रस्तर-05 ख I में विहित प्राविधानों
                                    की ऐसे मामलों में जहां अभ्यर्थी तकनीक उपयोग के बजाय स्क्राइब का विकल्प चुनता है, स्क्राइब की योग्यता
                                    उस परीक्षा में उपस्थित होने की न्यूनतम योग्यता से कम "दो शैक्षणिक वर्ष" और अधिकतम "तीन शैक्षणिक
                                    वर्ष कम" होनी चाहिए। अभ्यर्थी श्रुतलेखक (स्क्राइब) अपने साथ लायेंगे, जिसे कोई यात्रा भत्ता आयोग द्वारा
                                    देय नहीं होगा। अतिरिक्त समय की मांग करने पर, अतिरिक्त समय 20 मिनट प्रति घण्टे दिया जायेगा। अभ्यर्थी
                                    परीक्षा के एक दिन पूर्व या परीक्षा दिवस को अपने कें द्र पर, केन्द्र व्यवस्थापक को श्रुतलेखक (स्क्राइब) एवं
                                    अतिरिक्त समय हेतु सूचना देगा। अभ्यर्थी अपने साथ परिचय पत्र एवं 02 फोटो साथ लायें। श्रुतलेखक
                                    (स्क्राइब) आई०डी० प्रूफ, आधार कार्ड की प्रति, एड्रेस प्रूफ की प्रति एवं अंतिम धारित शैक्षिक अर्हता से
                                    संबधि
                                       ं त अभिलेख की स्वप्रमाणित प्रति भी लायेंगे।"

                                    5. Learned counsel for the petitioner further submits that the petitioner has
                                    made a similar request in respect of the forthcoming Assistant Professor
                                    Government Degree College (Main) Examination, scheduled to be held
                                    on 18.09.2026, by submitting a representation dated 16.8.2026 before
                                    respondent no. 2, but till date the same has not been decided. He lastly
                                    submits that suitable direction may be issued to respondent authorities to
                                    consider and decide the representation of the petitioner in accordance with
                                    law, taking into consideration the relief previously granted by the
                                    respondent authorities.

                                    4. Considering the facts and circumstances of the case and without entering
                                    into merits of the case, the writ petition is finally disposed of with a
                                    direction to the respondent no.2 to decide the pending representation of the
                                    petitioner in accordance with law as well as relevant Government orders,
                                    after giving proper opportunity of hearing to the petitioner, by means of
                                    passing a reasoned and speaking order, as expeditiously as possible,
                                    preferably within a period of three days from the date of production of
                                    certified copy of this order.



                                                                                                (Mrs. Manju Rani Chauhan,J.)
                                    September 9, 2026
                                    Junaid




Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad


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