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Allahabad High Court

OM KANT DUBEYversusSTATE OF U.P. AND OTHERS

Decided

Holding

The petitioner lacked standing to challenge the appointment and the writ petition was dismissed.

Summary

The petitioner, Om Kant Dubey, filed a writ petition in 2006 challenging the appointment of respondent No.6 as a lecturer in Art at National Inter College Bhogaon, alleging a legally defective selection process. The petitioner was on a short‑term appointment and therefore lacked standing to contest the appointment. No interim relief was granted, and the petitioner’s counsel was absent at the hearing. The court found that the petitioner had no locus standi to challenge the appointment and dismissed the petition, ordering the petitioner to pay costs of Rs. 1,000. The order was signed on May 5, 2026, and a copy was to be sent to the petitioner.

Issues considered

  • What is the locus standi of a short‑term appointed petitioner to challenge a public appointment?
  • Whether the appointment of respondent No.6 as lecturer was legally defective.

Subjects

  • appointment
  • lecturer
  • writ petition
  • public service
  • standing

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 19543 of 2006

                                    Om Kant Dubey
                                                                                                .....Petitioner(s)
                                                                        Versus

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

                                    Counsel for Petitioner(s)                :   Anurag Dubey, P.K. Jain
                                    Counsel for Respondent(s)                :   A.K. Yadav, C.S.C.

                                    Court No. - 32
                                                    HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. This writ petition was filed in the year 2006 whereby the petitioner has
                                    challenged the order dated 22.2.2006 whereby respondent no.6 was
                                    appointed as lecturer in Art in National Inter College Bhogaon, Mainpuri
                                    on the ground that the process was legally defective. No interim order was
                                    passed and, therefore, in all probability the said respondent is still
                                    enjoying his appointment for last more than two decades. Otherwise also
                                    the petitioner was appointed on a short term basis, therefore, he has no lis
                                    to challenge the said appointment. Counsel for petitioner is also not
                                    present.

                                    2. Writ petition is accordingly dismissed with a cost of Rs. 1,000/-.

                                    3. A copy of this order be sent to petitioner.



                                                                                 (Saurabh Shyam Shamshery,J.)
                                    May 5, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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