Amit Kumar Nishad vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Amit Kumar Nishad vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition entertained notwithstanding the maintainability objection; directed to be put up afresh on 14th October, 2025, showing Sri Prabhakar Awasthi as counsel for respondents, along with the records of Writ-A Nos. 18335 of 2023 and 18336 of 2023.

Issue for consideration

Whether a writ petition filed at the behest of a complainant, challenging an order upholding the appointment of other persons (respondent nos. 6 & 7), is maintainable. +1 more

Court's answer

A writ petition filed at the behest of a complainant is not maintainable.

Ratio / Principle

Where there is illegality in an appointment which prima facie cannot be disregarded and the payment of salary is being made from the State Exchequer, it would be apposite to entertain the petition even though filed by a complainant.

Detailed headnote1 paragraphs

Writ-A No. 14418 of 2025, High Court of Judicature at Allahabad (Mrs. Manju Rani Chauhan, J.), order dated September 23, 2025. Complainant Amit Kumar Nishad challenges the order dated 12.03.2024 of the Director of Education (Basic), U.P., Lucknow, whereby the year-2015 appointments of respondent nos. 6 & 7 as Headmaster and Assistant Teacher were upheld. Counsel for respondent nos. 6 & 7 raised a preliminary maintainability objection, invoking Jasbhai Motibhai Desai v. Roshan Kumar, Haji Ahmed, (1996) 1 SCC 671 and Eswari v. Chief Secretary of Government of Tamilnadu and others, Writ Petition No. 27298 of 2021 (decided 25.01.2023). The Court held that although a writ petition filed at a complainant's behest is not maintainable, it is apposite to entertain such a petition where the illegality in the appointment prima facie cannot be disregarded and the salary is paid from the State Exchequer, referring to the Division Bench judgement dated 01.05.2015 in Special Appeal No.-266 of 2015 (Salauddin vs. State of U.P. And 5 Others). Sri Prabhakar Awasthi's memo of appearance for respondent nos. 6 & 7 was taken on record, and the case was ordered to be put up fresh on 14th October, 2025 along with the records of Writ-A Nos. 18335 of 2023 and 18336 of 2023, earlier filed by respondent nos. 6 & 7 themselves.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 14418 of 2025

Amit Kumar Nishad

.....Petitioner(s)

Versus

State Of U.P. And 6 Others

		.....Respondent(s)
Counsel for Petitioner(s)	: Rajeev Kumar Nandan	Srivastava, Shambhavi
Counsel for Respondent(s)	: C.S.C.
Court No.- 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Memo of appearance filed by Sri Prabhakar Awasthi, learned Advocate, on behalf of respondent nos. 6 & 7, is taken on record.

This is a complainant's petition. He has preferred instant writ petition challenging an order dated 12.03.2024 passed by the Director of Education (Basic), U.P., Lucknow, by means of which the appointment of respondent nos. 6 & 7, made in the year 2015 as Headmaster and Assistant Teacher, respectively, has been upheld.

A preliminary objection has been raised by learned counsel appearing for respondent nos. 6 & 7 that the present writ petition is not maintainable in view of the order passed by Apex Court in the case of Jasbhai Motibhai Desai v. Roshan Kumar, Haji Ahmed, (1996) 1 SCC 671 and a judgement of High Court in the case of Eswari v. Chief Secretary of Government of Tamilnadu and others, Writ Petition No. 27298 of 2021 , decided on 25.01.2023.

This Court finds that though a writ petition filed at the behest of complainant is not maintainable, however, if in a case, there is any illegality in the appointment which prima facie cannot be disregarded, and the payment of salary is being made from the State Exchequer, it would be apposite to entertain the petition. Reference may be made to a judgement of Division Bench of this Court dated 01.05.2015 passed in Special Appeal No.-266 of 2015 (Salauddin vs. State of U.P. And 5 Others) .

WRIA No. 14418 of 2025

2

Perusal of the record shows that Writ-A Nos. 18336 of 2023 and 18335 of 2023 were filed by respondent nos. 6 & 7 respectively.

Put up this case on 14th October, 2025 , as fresh, showing the name of Sri Prabhakar Awasthi as counsel for respondents, along with the records of Writ-A Nos. 18335 of 2023 and 18336 of 2023.

(Mrs. Manju Rani Chauhan,J.)

September 23, 2025 DS

Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad