SMT. BADAMI DEVIversusSTATE OF U.P. AND 3 OTHERS

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                WRIT - A No. - 6692 of 2026

Smt. Badami Devi
                                                                                      .....Petitioner(s)
                                                   Versus
State Of U.P. And 3 Others
                                                                                   .....Respondent(s)

Counsel for Petitioner(s)                      :     Atul Kumar Singh, Rishabh Kashyap
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-respondents.

This writ petition has been filed inter-alia for the following reliefs:-

"(i) Issue a writ, order or direction in the nature of Mandamus and direct the respondents to decide the
representation dated 07.10.2025 filed by the petitioner before the respondent no.1 to 3 within stipulated
period as fixed by this Hon'ble Court.


........"


At the very outset, learned Standing Counsel submits that the present
petition has been filed with the only prayer to decide the representation,
which is not maintainable. In support of his contention, he relied upon the
judgment of the Apex Court in the case of A.P.S.R.T.C. & Ors. vs. G.
Srinivas Reddy & Ors. reported in AIR 2006 SC 1465, wherein it has been
held that a writ with the prayer to decide the representation is not
maintainable if there is no statutory provision for filing the representation.
Relevant part of the judgment of the Supreme Court reads as under: -

"19. There are also several instances where unscrupulous petitioners with the connivance of "pliable"
authorities have misused the direction "to consider" issued by court. We may illustrate by an example. A
claim, which is stale, time-barred or untenable, is put forth in the form of a representation. On the ground
that the authority has not disposed of the representation within a reasonable time, the person making the
representation approaches the High Court with an innocuous prayer to direct the authority to "consider"
and dispose of the representation. When the court disposes of the petition with a direction to "consider",
the authority grants the relief, taking shelter under the order of the court directing him to "consider" the
grant of relief. Instances are also not wanting where authorities, unfamiliar with the process and practice
relating to writ proceedings and the nuances of judicial review, have interpreted or understood the order
"to consider" as directing grant of relief sought in the representation and consequently granting reliefs
                                                                                                                      WRIA No. 6692 of 2026
                                                                                 2

                                    which otherwise could not have been granted. Thus, action of the authorities granting undeserving relief,
                                    in pursuance of orders to "consider", may be on account of ignorance, or on account of bona fide belief
                                    that they should grant relief in view of the court's direction to "consider" the claim, or on account of
                                    collusion/connivance between the person making the representation and the authority deciding it.
                                    Representations of daily-wagers seeking regularisation/absorption into regular service is a species of
                                    cases, where there has been a large-scale misuse of the orders "to consider"."


                                    Reference may also be made to the judgement of this Court in the case of
                                    Daya Shankar Pande vs. State of U.P. and others, reported in 2001(1)
                                    AWC 671. Para 15 of the said judgment reads as follows:-

                                    "15.The argument of learned counsel for the petitioner is that against the order passed by D.I.O.S.
                                    disapproving petitioner's appointment, the petitioner has filed an appeal/representation on 16.3.1999
                                    before the Deputy Director of Education on 14.11.2000 and a direction be issued for deciding the
                                    aforesaid appeal/representation. The argument is devoid of any merit for two reasons. Firstly, Second
                                    Order under which the appointments on short-term vacancies are made, do not provide for any
                                    appeal/representation to the Deputy Director of Education or the Director of Education. The provision of
                                    appeal was only in First Order where appointments against substantive vacancies were made. Since the
                                    State Government did not provide for any appeal or representation to the educational authorities
                                    against short-term appointments, the appeal/representations of the petitioner were not made under any
                                    provision of law, therefore, no direction can be issued for deciding the same. The other reason is that
                                    First and Second Orders have been deleted with effect from 25.1.1999 and they being no more in
                                    existence, any appeal/representation under First or Second Orders could not be made by the petitioner.
                                    Further, it having been held that the appointment of petitioner was defective as it had been made without
                                    following the mandatory procedure under the Removal of Difficulties Orders no direction can be issued to
                                    educational authorities to decide the appeal/representation of the petitioner."


                                    On the aforesaid objections, learned counsel for the petitioner prays to
                                    withdraw the petition with liberty to file better petition.

                                    Accordingly, this petition is dismissed as withdrawn with the aforesaid
                                    liberty.

                                    May 5, 2026
                                    Jitendra/-
                                                                                                 (Mrs. Manju Rani Chauhan,J.)




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