Allahabad High Court
MAMTA CHANDELversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petitioner is not entitled to relief and the writ petition is dismissed as it lacks merit.
Summary
The petitioner, Mamta Chandel, filed a writ petition seeking an order directing the respondents to allow her to participate in the counseling and be placed on the merit list for the appointment of Assistant Teachers to 12,460 vacancies advertised on 20-12-2016. The respondents contended that the appointment matter is pending before the Supreme Court, which on 29-01-2026 ordered the State Government to prepare a merit list of all applicants, including appellants and intervenors, up to that date. The petitioner, described as a "fence‑sitter," could not demonstrate any right to be included in the list beyond the Supreme Court's directive. The court noted that the petitioner had no standing to claim relief as the Supreme Court's order governs the preparation of the list. Consequently, the writ petition was held to lack merit and was dismissed. The decision underscores that pending Supreme Court orders control the appointment process and that petitioners without specific entitlement cannot compel inclusion.
Issues considered
- Whether the petitioner is entitled to be included in the merit list for Assistant Teacher appointments pending a Supreme Court order
- Whether the High Court can grant relief in a writ petition when the matter is sub judice before the Supreme Court
Subjects
- appointment
- merit list
- writ petition
- Supreme Court order
- standing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6695 of 2026
Mamta Chandel
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jitendra Singh, Satish Chandra Dubey
Counsel for Respondent(s) : C.S.C., Shashi Prakash Rai
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent and Mr. Shashi Prakash Rai, learned counsel for the
respondent nos.3&4.
This writ petition has been filed with a prayer to direct the respondents to
permit the petitioner to participate in the counseling and to prepare the merit
list along with the other candidates.
At the very outset, learned counsel for the respondent-BSA submits that the
matter regarding the appointment of Assistant Teachers against 12,460
vacancies, notified vide advertisement dated 20.12.2016, is pending
consideration before the Hon'ble Apex Court, wherein vide order dated
29.01.2026, the State Government has been directed to prepare a list of the
appellants and intervenors who have applied before this Court till now, i.e.
up to 29.01.2026, in accordance with merit and the said relevant rules,
district-wise, and to place the same for consideration before this Court on or
before the next date. Therefore, the petitioner, being a fence-sitter, is not
entitled to any relief.
On the aforesaid, learned counsel for the petitioner could not dispute the
aforesaid fact.
In view of the above, the writ petition lacks merit and is accordingly
dismissed.
May 5, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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