Allahabad High Court
DR. BIRBAL RAMversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petitioner may make a fresh application/representation, and the respondent must decide it by a reasoned order within two months, subject to no legal impediment.
Summary
Dr. Birbal Ram filed a writ petition seeking a direction to the State of Uttar Pradesh to decide an objection dated 23‑10‑2019 and to issue the final seniority list for the post of Lecturer in a Government Ayurvedik College, as well as to consider a representation dated 03‑12‑2025. The petitioner argued that the objection and seniority list were pending before the respondent authority, while the respondents contended that any fresh application should be filed and decided according to law. The Court, without expressing any view on the merits, disposed of the petition by directing the petitioner to file a fresh application/representation, supported by relevant documents, within three weeks. The respondent was ordered to consider and decide the fresh representation by a reasoned order, after hearing, preferably within two months, provided there is no legal impediment. The petition was thus dismissed without prejudice, allowing the administrative process to proceed.
Issues considered
- Whether the Court should direct the respondent to decide the objection dated 23‑10‑2019 and issue the final seniority list for the Lecturer post.
- Whether the petitioner must file a fresh application/representation before the competent authority.
- Whether the respondent is bound to decide the fresh representation within a specified time frame.
Subjects
- seniority list
- lecturer appointment
- writ petition
- administrative law
- representation
- direction
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7260 of 2026
Dr. Birbal Ram
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar Singh, Krit Raj Singh,
Namit Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondents and perused the record.
The petitioner has preferred instant writ petition for a direction upon
respondent no.1 to decide the objection dated 23.10.2019 filed by the
petitioner and also issue the final seniority list for the post of Lecturer in
Government Ayurvedik College as well as further prayer to decide the
representation dated 03.12.2025 of the petitioner.
Learned counsel for the petitioner submits that the grievance of the
petitioner with respect to publishing the final seniority list after
considering the objection dated 23.10.2019 is pending consideration
before the respondent no.1. Therefore, a direction may be issued to decide
the same within the stipulated period.
Learned counsel for the respondents submits that in case petitioner moves
a fresh application/representation before the competent authority, the
same shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case but without
expressing any opinion on the merits of the case set up on behalf of the
petitioner, the present writ petition is disposed of by providing that the
petitioner may make fresh application/representation, ventilating all his
grievances, supported by such documents, as may be advised, before the
respondent no.1; State of U.P. through Principal Secretary, Medical
WRIA No. 7260 of 2026
2
Education Ayush, Section-I U.P. Lucknow, within three weeks from
today along with a certified copy of this order. On such representation
being made, respondent no.1 shall make all endeavours to consider and
decide the same, strictly in accordance with law, by means of a reasoned
and speaking order, after giving proper opportunity of hearing to the
parties concerned, as expeditiously as possible, preferably within a period
of two months from the date of production of certified copy of this order,
if there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
May 14, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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