Allahabad High Court
VIJAY KUMAR AND 8 OTHERSversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that, despite the earlier petition, it could direct the respondent to consider the petitioners' grievances and pass appropriate orders, and therefore disposed of the petition with such directions.
Summary
The petitioners sought a writ of certiorari to quash a Government order dated 07‑04‑2022 that denied them age‑relaxation and regular BTC status in the selection for Assistant Teacher posts. The respondents contended that the petition was barred as a second writ, since a similar petition (Writ A No.18660 of 2021) had already been disposed directing a reasoned order, which they claimed covered the present grievance. The petitioners argued that the earlier order had not been implemented and they remained affected by the 2022 communication. The Court examined whether the earlier decision precluded fresh relief and whether it could still direct the Principal Secretary to consider the petitioners’ representation. Concluding that the 2022 order was still operative and the earlier representation remained pending, the Court directed the respondent to examine the grievances within three weeks and pass appropriate orders within six weeks, and disposed of the petition.
Issues considered
- Whether the present writ petition is barred as a second petition under the earlier Writ A No.18660 of 2021.
- Whether the Court can quash the communication dated 07‑04‑2022 and direct the respondent to grant age‑relaxation and treat the petitioners as regular BTC candidates.
Subjects
- writ petition
- certiorari
- age relaxation
- assistant teacher appointment
- basic education
- second petition
- administrative law
- directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6710 of 2026
Vijay Kumar And 8 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aarushi Birla, Utkarsh Birla
Counsel for Respondent(s) : C.S.C., Suresh Kumar Maurya
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State-respondent and Mr. Suresh Kumar Maurya, learned counsel for
respondent-BSA.
2. The writ petition has been filed with the following prayers:-
"(a) A writ, order or direction of the nature of certiorari quashing the impugned Govt.
order/communication dated 07.04.2022 passed by respondent no.1/Principal Secretary, (Basic Education),
U.P. Govt., Secretariat, Lucknow, and direct the respondents to consider the candidature of the petitioners
for appointment as Assistant Teachers in Primary School, run and managed by the Board of Basic
Education, Uttar Pradesh, by treating them as Regular BTC candidates and give them age relaxation in the
process of selection.
(b) ......"
3. A preliminary objection has been raised by learned counsel for the
respondents that the present petition amounts to a second writ petition, as
the petitioner had earlier filed Writ A No.18660 of 2021 (Mukesh
Kumar Bhati and 11 Others vs. State of U.P. and 4 Others), which
was disposed of by order dated 24.02.2022, directing the
Director/Additional Director of Education (Basic), Prayagraj, to decide
the representation of the petitioner by a reasoned and speaking order.
4. Answering the same, learned counsel for the petitioners submits that
the representation has not been decided till date and that the petitioner is
affected by the communication order dated 07.04.2022, therefore, the
present petition has been filed for quashing of the same. However, he
WRIA No. 6710 of 2026
2
could not dispute the fact that this is a second writ petition, wherein the
same grievance of the petitioner has to be looked into in so many words,
for which a direction had already been issued in the earlier writ petition.
He, therefore, seeks to withdraw prayer-(a) and requests that a direction
may be issued to respondent no.1 to look into the grievances of the
petitioners, keeping in mind the fact that the petitioners are affected by
communication order dated 07.04.2022.
5. This Court finds that, as the communication order dated 07.04.2022 has
been passed by respondent no.1, it would be appropriate to direct
respondent no.1, Principal Secretary, (Basic Education), U.P. Govt.,
Secretariat, Lucknow, to look into grievances of the petitioners on the
basis of detailed representation, along with relevant documents, to be
submitted within three weeks from today, and to pass appropriate orders
thereon within a further period of six weeks thereafter.
6. With the aforesaid observation/direction, this writ petition is disposed
of.
(Mrs. Manju Rani Chauhan,J.)
May 6, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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