Allahabad High Court
VIJAY @ VIJAY KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
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
Checking your session…