Dr. Jayash Nath Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and Another — Allahabad HC (2025) — LawSathi Research

Dr. Jayash Nath Mishra Vs State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer clause-II struck off; impugned order dated 29-04-2024 quashed; writ petition disposed of with direction that the petitioner's claim be considered afresh, in light of Dr. Ram Asare Singh (Writ A No. 20475 of 2024), if his case is identical; decision by the authority concerned within six weeks of a fresh representation; consequences shall follow.

Issue for consideration

Whether the case of the present petitioner is identical to the case of Dr. Ram Asare Singh (decided on 23-01-2025 in Writ A No. 20475 of 2024), such that the petitioner is entitled to the same relief. +1 more

Court's answer

The writ petition is disposed of with an observation that the claim of the petitioner be considered as fresh, in light of the case of Dr. Ram Asare Singh (Writ A No. 20475 of 2024), if the case of the present petitioner is identical.

Ratio / Principle

Prayer clause-II, withdrawn by counsel for the petitioner at the outset (without objection from the opposite parties), is struck off; counsel to make necessary amendments during the course of the day.

Key takeaways

Having heard both sides, the impugned order dated 29-04-2024 is quashed.ratio¶6
The authority concerned is to deal with and decide the issue mainly on whether the petitioner's case is identical to that of Dr. Ram Asare Singh, taking a decision within six weeks from the date a representation is made by the petitioner.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT-A No. 4436 of 2024, Shree Prakash Singh, J., decided November 25, 2025. At the outset, counsel for the petitioner, Dr. Jayash Nath Mishra, withdrew prayer clause-II, which was struck off. The writ petition sought (i) Certiorari to quash the impugned order dated 29.4.2024 passed by opposite party no. 2 (Annexure No. 1) — identified as the Director, Higher Education's rejection of the petitioner's representation — and (ii) mandamus directing allotment of some other Degree College in the order of preference given by the petitioner, as similarly situated Dr. Ashok Kumar Dubey had been appointed Principal in Bappa Sri Narain Vocational P.G. College, Lucknow. The petitioner sought parity with identically situated employee Dr. Ram Asare Singh, whose judgment and order was passed on 23-01-2025 in Writ A No. 20475 of 2024. The State countered that Dr. Ram Asare Singh had been appointed against a substantive vacancy and hence the cases differ; this was refuted by the petitioner's counsel. The Court quashed the impugned order dated 29-04-2024 and disposed of the writ petition, observing that the petitioner's claim be considered afresh, in light of the Dr. Ram Asare Singh judgment, if the petitioner's case is identical; the authority concerned is to decide the issue within six weeks from the date a representation is made by the petitioner. Consequences shall follow.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 4436 of 2024

Dr. Jayash Nath Mishra

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Higher Education Lko. And Another .....Respondent(s) Counsel for Petitioner(s) : Akhilesh Kumar Pandey Counsel for Respondent(s) : C.S.C.

Court No. - 18

HON'BLE SHREE PRAKASH SINGH, J.

Counsel for the petitioner at the very outset submits that he may be permitted to withdraw the prayer clause- II.

Counsel for opposite parties has no objection.

In view of the aforesaid, the prayer clause-II is hereby struck off.

Counsel for the petitioner shall make necessary amendments during the course of the day.

Order on memo of writ petition

Heard learned counsel for the petitioner and Shri Piyush Kumar, learned Standing Counsel for the State-respondents.

The present writ petition has been filed with the following main reliefs:-

"(i) issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 29.4.2024 passed by the opposite party no.2 as contained in Annexure No.1 tot his writ petition.

(ii) issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.2 to allot the petitioner, who is a duly selected candidate at Sl. No. 254 in the select list, some other Degree College in the order of preference given by the petitioner as similarly situated person Dr. Ashok Kumar Dubey has been appointed on the post of Principal in Bappa Sri Narain Vocational P.G. College, Lucknow."

Contention of learned counsel for the petitioner is that the representation

WRIA No. 4436 of 2024

2

of the petitioner has been rejected by the Director, Higher Education on wrong premises. He added that in the matter of the identically situated employee namely, Dr. Ram Asare Singh, the Judgment and order was passed on 23-01-2025 in Writ A No. 20475 of 2024 and the petitioner is seeking the same relief.

On the other hand, learned counsel for the State has pointed out that there is a slight difference in the case of the present petitioner as well in the case of Dr. Ram Asare Singh as he was appointed against a substantive vacancy and therefore, the case of the present petitioner is different than the case of Dr. Ram Asare Singh.

The aforesaid contention has been refuted by the learned counsel for the petitioner.

In view of the aforesaid, the impugned order dated 29-04-2024 is hereby quashed.

The writ petition is disposed of with an observation that the claim of the petitioner be considered as fresh, in light of the case of Dr. Ram Asare Singh (Writ A No. 20475 of 2024), if the case of the present petitioner is identical to the case of the petitioner.

This issue will be dealt with and decided by the authority concerned, mainly on the premises that whether the case of the present petitioner is identical to the case of Dr. Ram Asare Singh and a decision shall be taken by the authority concerned with a period of six weeks from the date a representation is made by the petitioner.

Consequences shall be followed.

November 25, 2025 Muk

(Shree Prakash Singh,J.)

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench