Allahabad High Court
ABHISHEK GUPTA AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as it is covered by the earlier judgments and no fresh mandamus can be granted.
Summary
Petitioners, a group of six individuals, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the Uttar Pradesh State Medical Faculty, Lucknow to register their Bachelor of Physiotherapy degrees. The petitioners argued that the matter was not res integra because it had already been decided by the Lucknow Bench of the same High Court in Writ Petition No. 8411 (MB) of 2009 dated 03‑05‑2018. The respondents concurred, contending that the present petition should be disposed of in accordance with that earlier order and also the order dated 08‑02‑2023 in Writ C No. 15224 of 2013 (Pankaj Kumar Singh v. State of U.P.). The Court held that the petition was indeed covered by the prior judgments and therefore dismissed it, disposing the petition on the basis of those earlier orders. The decision underscores that a writ of mandamus cannot be granted where the issue has already been finally decided by a competent court.
Issues considered
- Whether the petition is res integra in view of the earlier judgment of the Lucknow Bench in Writ Petition No. 8411 (MB) of 2009.
- Whether a writ of mandamus can be issued directing the registration of the petitioners' degrees.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- writ of mandamus
- Article 226
- degree registration
- res integra
- higher education
- medical faculty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35606 of 2026
Abhishek Gupta And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahipal Singh, Prashant Kumar Singh
Counsel for Respondent(s) : Adarsh Bhushan, Amit Negi, C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Sri Mahipal Singh, learned counsel for the petitioners, Ms. Ilma
Fiza Usmani, learned Advocate holding brief of Sri Amit Negi, learned
counsel for the respondent No.4, Sri Adarsh Bhushan, learned counsel for
the respondent No.- 3 and learned Standing Counsel for the State
respondents.
2. By means of this petition filed under Article 226 of Constitution of
India, petitioners have prayed for a writ of mandamus to command
respondent no.3- Uttar Pradesh State Medical Faculty, Lucknow to
register the degree of the petitioners as Bachelor of Physiotherapy with
them.
3. It is contended by learned counsel for the petitioners that the
controversy is no more res integra in the light of the judgment of the
Lucknow Bench of this Court passed in writ petition being Writ Petition
No.8411 (MB) of 2009 dated 03.05.2018.
4. Learned counsel for the respective respondents do not dispute the
above argument and submit that this petition may also be disposed of in
terms of the order passed by the Division Bench referred to herein above
and also in terms of the order dated 08.02.2023 passed in Writ C
No.15224 of 2013 (Pankaj Kumar Singh and others v. State of U.P. Thru
Secy. and Others).
5. Accordingly, this petition also stands disposed of in terms of the
WRIC No. 35606 of 2026
2
aforesaid orders.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 16, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
Checking your session…