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Allahabad High Court

ASHUTOSH KUMAR SRIVASTAVAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition becomes infructuous and is dismissed when the passage of time makes the relief sought impossible to grant.

Summary

The petitioner filed a writ petition in 2018 seeking permission to participate in a selection interview. No interim relief was obtained and the selection process was completed, granting rights to the selected candidates. The petitioner did not appear for the hearing, and the standing counsel argued that the passage of time rendered the prayer ineffective. The court held that the petition was infructuous because the relief sought could no longer be granted. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the writ petition is infructuous due to the efflux of time
  • Whether the court can grant the relief sought after the selection process has concluded

Subjects

  • writ petition
  • infructuous
  • efflux of time
  • selection process
  • public service

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - A No. - 27459 of 2018

                                    Ashutosh Kumar Srivastava
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         : Avanish Ranjan Srivastava
                                    Counsel for Respondent(s)         : C.S.C., Kartikeya Saran, M.N. Singh

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

                                    1. This case is of the year 2018 and today it is listed under the heading of
                                    "WRITS LIKELY TO HAVE BECOME INFRUCTUOUS (EFFLUX OF
                                    TIME) ".

                                    2. Today, none appears for petitioner to press this writ petition.

                                    3. Learned Standing Counsel submits that petitioner has filed this writ
                                    petition in 2018 i.e. 8 years ago with a prayer that he be permitted to
                                    participated in interview.

                                    4. It appears that till date, no interim order is granted, therefore, by efflux
                                    of time, prayer itself becomes infructuous since in all probability, process
                                    of selection must have concluded and selected candidates have accrued
                                    rights and they are not party-respondents in present writ petition.

                                    5. Accordingly, writ petition being infructuous is dismissed.


                                                                                 (Saurabh Shyam Shamshery,J.)
                                    May 7, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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