Allahabad High Court
SMT. RAJNI SHARMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must first make a fresh application/representation before the respondent, and the Court will not directly order renewal of her appointment.
Summary
The petitioner, Smt. Rajni Sharma, filed a writ petition seeking a direction to the State of U.P. and other respondents to renew her appointment as a part‑time instructor for the 2026‑27 session. She had served as a part‑time instructor from 2013 to 2024 and again in 2025‑26, but the respondents did not consider her renewal for the next session. The petitioner argued that the respondents should be compelled to decide her claim, while the State counsel suggested that she should first make a fresh representation before the District Magistrate. The Court, without expressing any view on the merits, directed the petitioner to file a fresh application with all grievances and supporting documents within three weeks, and instructed the respondent to decide the matter within two months, if no legal impediment exists. Consequently, the writ petition was disposed without an order for renewal, pending the petitioner’s fresh representation.
Issues considered
- Whether the High Court can directly order the renewal of the petitioner’s part‑time instructor appointment.
- Whether the petitioner must first make a fresh representation before the respondent before any renewal can be considered.
Subjects
- appointment renewal
- part‑time instructor
- writ petition
- administrative law
- representation
- order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14992 of 2026
Smt. Rajni Sharma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Patel, Swetakshi Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner and learned Standing
Counsel for the State.
The writ petition has been filed with the prayer to direct the
respondent nos. 2 & 3 to renew the services of the petitioner on the
post of part-time instructor in the school, and for a further prayer to
decide the application of the petitioner dated 04.08.2026, within a
stipulated period.
Learned counsel for the petitioner submits that the petitioner was
appointed as a part-time instructor in a Primary School in the year
2013 and continued up to session 2023-2024. After a break, she
again continued for session 2025-2026. The respondents have not
considered the renewal of the petitioner for the session 2026-2027,
for the reasons best known to them. Therefore, a direction may be
issued to respondent no.2 to decide the claim of the petitioner.
Learned Standing Counsel submits that if the petitioner moves a
fresh representation before respondent no. 2, an appropriate order
shall be passed, in accordance with law.
Considering the facts and circumstances of the case, but without
expressing any opinion on the merits of the case set up on behalf of
the petitioner, the present writ petition is disposed of by providing
that the petitioner may make a fresh application/representation,
ventilating all her grievances, supported by such documents
WRIA No. 14992 of 2026
2
regarding her renewal, before respondent no.2, District Magistrate,
Bareilly, within three weeks from today, along with a certified copy
of this order. On such representation being made, respondent no. 2
shall make all endeavours to consider and decide the same, strictly in
accordance with law, by means of a reasoned and speaking order,
after giving proper opportunity of hearing to the petitioner, as
expeditiously as possible, preferably within a period of two months
from the date of production of the certified copy of this order, if
there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 18, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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