Allahabad High Court

OMVATI SHAKYAversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The petition is disposed, and the claim may be considered only if the respondents relax the legal impediment.

Summary

The petitioner, Omvati Shakya, filed a writ petition seeking to have his gender changed in the records for the Assistant Teacher Examination and to be considered under the female reservation category. The court observed that the examination had originally considered the petitioner under the male category, creating a legal impediment to changing his gender and reservation status. While acknowledging this impediment, the court exercised its discretion and disposed of the petition, indicating that the petition could be considered only if the respondents relax the legal impediment. No substantive order granting the change was made. The petition was therefore dismissed pending any relaxation by the respondents.

Issues considered

Whether a legal impediment exists to changing the petitioner's gender for the purpose of the Assistant Teacher Examination
Whether the petitioner can be considered under the female reservation category after a gender change

Subjects

gender change
reservation
public service examination
legal impediment
writ petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - A No. - 6193 of 2026

                                    Omvati Shakya
                                                                                                  .....Petitioner(s)
                                                                        Versus

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

                                    Counsel for Petitioner(s)            :   Narendra Kumar
                                    Counsel for Respondent(s)            :   C.S.C., Mahendra Narain Singh

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

                                    1. Heard Sri Narendra Kumar, learned counsel for petitioner and Sri

                                    Sanjay Kumar Om, Advocate for Respondent-2.


                                    2. At this stage, the Court finds that there is a legal impediment to change

                                    the gender of petitioner in Assistant Teacher Examination since
                                    admittedly consideration was made under the category of ‘Male’ and now

                                    petitioner wants not only to change gender but consideration of his

                                    candidature under female reservation category.


                                    3. Still in exercise of discretion of this Court, the writ petition is disposed

                                    of that in case respondents can relax the legal impediment, claim of

                                    petitioner may be considered.


                                                                                 (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    AK




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

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