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Allahabad High Court

ADITYA PRAKASH DWIVEDI AND ANOTHERversusUNION OF INDIA AND 6 OTHERS

Decided

Holding

The court held that no interference was required and dismissed the petition.

Summary

Aditya Prakash Dwivedi and another petitioners filed a writ seeking a mandamus directing the Union of India to exempt them from house‑listing duties under a notification dated 7 January 2026, claiming that a prior order in Civil Appeal No. 1385 of 2025 required them to complete the Teacher Eligibility Test (TET) within two years. They argued that the house‑listing posting would clash with their TET examinations scheduled for 2‑4 July 2026 and that they had applied for exemption without response. The respondents contended that no order had been issued sending the petitioners for training or house‑listing and that the exam dates alone did not create a right to exemption. The Court observed that the petition did not disclose any concrete posting or training order and that the mere schedule of the exam did not justify judicial interference. Accordingly, the Court dismissed the writ petition without granting any relief.

Issues considered

  • Whether the court should issue a writ of mandamus directing exemption of the petitioners from house‑listing duties pending their TET examination

Subjects

  • houselisting
  • exemption
  • TET
  • mandamus
  • writ petition
  • civil service

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 6806 of 2026

Aditya Prakash Dwivedi And Another
                                                            .....Petitioner(s)
                                   Versus

Union Of India And 6 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)       : Devendra Kumar           Tiwari,    Rajesh
                                  Kumar Mishra
Counsel for Respondent(s)       : A.S.G.I., C.S.C.

Court No. - 52
             HON'BLE MRS. MANJU RANI CHAUHAN, J.

1. Heard learned counsel for the petitioners, learned counsel for the
respondent nos.1 & 2 as well as Mr. Rishi Kumar, learned Additional
Chief Standing Counsel for the State-respondent nos.3 to 7.

2. The instant writ petition has been filed with the following prayer:-

"1) Issue a writ order or direction in the nature of
mandamus directing the respondent authorities to exempt
the   petitioners      from    houselisting      in   pursuant       to   the
notification dated 07.01.2026 issued by the respondent
no. 2 [Annexure No 2. to this writ petition]."

3. Learned counsel for the petitioners submits that pursuant to the order
passed in Civil Appeal No.1385 of 2025 (Anjuman Ishaat-E-Taleem Trust
vs. State of Maharashtra and Others) as decided on 01.09.2025, the
petitioners have to complete their TET within two years from the date of
order, however, the petitioners have been posted for performing the
houselisting duties pursuant to the notification dated 07.01.2026.

4. He further submits that the petitioners have moved application before
the authorities concerned to exempt the them from houselisting duty
pursuant to the notification dated 07.01.2026, as they are appearing in the
TET Examination 2026, scheduled on 02.07.2026, 03.07.2026 and
04.07.2026 as per the schedule which is annexed on page no.17 of the
writ petition but nothing has been done till date, therefore, a direction may
be issued to respondent no.2 to consider the grievance of the petitioners.
                                                                                           WRIA No. 6806 of 2026
                                                                   2


                                    5. Learned Standing Counsel for the State on the other hand submits that
                                    nothing has been averred about the petitioners being sent for training for
                                    the purpose of performing houselisting duty, pursuant to the notification
                                    dated 07.01.2026 nor any such order has been passed, posting them for
                                    performing the aforesaid duty. There is no whisper about the aforesaid
                                    fact in the petition also. He further contends that as per the examination
                                    schedule, the exams are on 2nd, 3rd and 4th in the month of July, 2026,
                                    therefore, there is no occasion of exempting the petitioners from any duty.

                                    6. In view of the above, no interference is required by this Court at this
                                    stage.

                                    7. The present petition is dismissed, accordingly.


                                                                              (Mrs. Manju Rani Chauhan,J.)
                                    May 6, 2026
                                    K.N.




Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad


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