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Allahabad High Court

KULDEEP SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed at the admission stage, with the petitioner directed to file a representation within seven days and the respondents to decide it expeditiously.

Summary

Kuldeep Singh, who has been working as an adhoc Principal for over six years, filed a writ petition seeking a mandamus directing the State of U.P. and other respondents to regularize his post. He argued that the Director of Education (Secondary) had requested details of such employees in 2019 and that no action had been taken on his submission. The petitioner also relied on a recent judgment (Harvindra & others v. State of U.P.) where similar relief was granted. The respondents' standing counsel indicated no objection provided the petitioner filed a detailed representation. The court, at the admission stage, directed the petitioner to file a representation within seven days and expected the respondent to decide the matter within three months, thereby not issuing a mandamus and effectively dismissing the petition pending the representation.

Issues considered

  • Whether the court should issue a writ of mandamus directing the respondents to regularize the petitioner’s post as Principal
  • Whether the petitioner is required to file a detailed representation before the court can consider the regularization claim

Subjects

  • regularization
  • adhoc principal
  • writ of mandamus
  • education service
  • representation
  • administrative law

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - A No. - 15442 of 2026

Kuldeep Singh
                                                              .....Petitioner(s)
                                    Versus

State Of U.P. And 3 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)                       :   Ritesh Upadhyay
Counsel for Respondent(s)                       :   C.S.C.

Court No. - 6
                   HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Ritesh Upadhyay, learned counsel for the petitioner and
learned Standing Counsel for the respondents.

2. The present writ petition has been filed for issuance of writ of mandamus
commanding the respondents to consider the claim of the petitioner for
regularization on the post of Principal and it has been stated that he has been
working as an adhoc Principal for more than 6 years and is fully eligible and
qualified for being regularized.

3. Learned counsel for the petitioner submits that Director of Education
(Secondary) vide its letter dated 10.07.2019 had sought details of such
employees from all the District Inspector of Schools and in pursuance,
thereafter he has also submitted her details but till date no action has been
taken. He further submits that in a similar circumstances, this Court vide
order dated 06.07.2026 passed in Writ-A No.8785 of 2026 (Harvindra and
4 others vs. State of U.P. and others) has directed the respondents to
consider the grievance of the petitioner; and petitioner, herein, is also
entitled to the same relief.

4. Learned Standing Counsel has no objection, in case the petitioner files a
detailed representation, the same shall be considered.

5. In view of the aforesaid, no fruitful purpose would be served in keeping
the aforesaid writ petition pending and by the consent of the parties, the writ
petition is being decided at the admission stage, directing the petitioner to
file a representation before the respondent no.2 within 7 days from today,
                                                                                             WRIA No. 15442 of 2026
                                                                     2


                                    along with the certified copy of this order; and in the event such a
                                    representation is filed by the petitioner within the said period, it is expected
                                    that the respondent no.2 shall consider and decide the same expeditiously,
                                    preferably within a period of next 3 months.



                                                                                          (Siddharth Nandan,J.)
                                    September 23, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad


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