Dismissed¶14

Shreya v. State of U.P. and 5 Others

Allahabad HC2 Sept 2025WRIA/12973/2025

Case brief

AI extract

What is this about?

Waiting-list candidate denied appointment after a selected candidate's appointment was cancelled for being unqualified; Allahabad High Court dismisses WRIT - A No. 12973 of 2025 relying on Dharam Vir Singh (2011(4) ADJ 645 (DB)) and Union of India v. Subit Kumar Das (2025 INSC 1235): waiting-list candidates have no absolute right to consideration; post-appointment vacancies to be filled by fresh advertisement.

What did the court decide?

Considering the submissions and taking note of the judgments referred to (Dharam Vir Singh vs. State of U.P. and others, 2011(4) ADJ 645 (DB); Union of India and others vs. Subit Kumar Das, 2025 INSC 1235), this Court does not find any ground to consider the prayer made in the writ petition. ¶13

Shreya vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

WRIT - A No. - 12973 of 2025

Shreya

.....Petitioner(s)

Versus

State Of U.P. And 5 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Rohit Dwivedi
Counsel for Respondent(s)	: C.S.C., Kushmondeya Shahi

¶9

Court No. - 32

¶10

HON'BLE SAURABH SHYAM SHAMSHERY, J.

¶11

Heard Sri Rohit Dwivedi, learned counsel for petitioner and Sri Tanu Shahi, learned counsel for respondents.

¶12

Petitioner is admittedly in a waiting list and she is claiming appointment since appointment of one of selected candidate was cancelled as he is an unqualified candidate, however, as rightly pointed out by learned counsel for respondents, by placing judgment of this Court in Dharam Vir Singh vs. State of U.P. and others, 2011(4) ADJ 645 (DB) as well as judgment of Supreme Court in Union of India and others vs. Subit Kumar Das, 2025 INSC 1235 wherein it is held that person in waiting list has no absolute right for consideration and if the vacancy is occurred due to any reason, after appointment and joining, that has to be filled by a fresh advertisement.

¶13

Considering aforesaid submissions and taking note of above referred judgments, this Court does not find any ground to consider prayer made in this writ petition.

¶14

In view of above, this writ petition is dismissed .

¶15

(Saurabh Shyam Shamshery,J.)

¶16

November 4, 2025

¶17

N. Sinha

¶18

Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

Shreya v. State of U.P. and 5 Others

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Shreya v. State of U.P. and 5 Others

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