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Allahabad High Court

VIJAY @ VIJAY KUMARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as infructuous.

Summary

The petitioner, Vijay Kumar, filed a writ petition challenging the conduct of the U.P. Upper Sub‑ordinate Services Preliminary Examination and the Returning Officer Preliminary Examination held on 8 April 2018 and 24 June 2018. An interim order allowed the petitioner to appear in the examinations under the handicapped category, subject to a final decision on the writ. No counsel appeared for either the petitioner or the Uttar Pradesh Public Service Commission at the hearing. The court observed that, owing to the lapse of time, the petition had become infructuous and the petitioner had lost interest in pursuing the matter. Consequently, the court dismissed the petition as infructuous.

Issues considered

  • Whether a writ petition becomes infructuous due to the passage of time and loss of interest, warranting dismissal

Subjects

  • writ petition
  • preliminary examination
  • handicapped category
  • infructuous
  • dismissal
  • public service commission

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 8437 of 2018

                                    Vijay @ Vijay Kumar
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)      : Kamal Dev Rai, Varun Kumar
                                                                     Srivastava
                                    Counsel for Respondent(s)      : C.S.C., M.N. Singh, Nisheeth Yadav

                                    Court No. - 34
                                    (Sl. No. 13)
                                                     HON'BLE ANISH KUMAR GUPTA, J.

                                    1. The instant petition relates to the U.P. Upper Sub-ordinate Services
                                    Preliminary Examination and Returning Officer Preliminary Examination,
                                    which were conducted on 8.4.2018 and 24.6.2018 respectively. By way
                                    of the interim order, petitioner was permitted to appear in the
                                    examination in the handicapped category, however, it was provided that
                                    the result of the petitioner would be subject to the final decision of
                                    the writ petition.

                                    2. None appears either for the petitioner or for the U.P. Public Service
                                    Commission.

                                    3. It appears that due to the passage of time, the instant petition has
                                    become infructuous and the petitioner has lost interest in the instant
                                    petition.

                                    4. In such view of the matter, the instant petition is dismissed.



                                                                                     (Anish Kumar Gupta,J.)
                                    September 8, 2026
                                    n.u.




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad


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