Ram Kumar Bharadwaj vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Ram Kumar Bharadwaj vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory procedural directions only: learned Standing Counsel to complete instructions on the applicable statutory regime (1978 Rules vs U.P. Intermediate Education Act, 1921); matter put up for final hearing at 11.00 AM the next day; Director of Education (Basic), Department of Basic Education, U.P., Prayagraj to remain present before the Court in case of default. No relief granted on merits.

Issue for consideration

Whether the vacancy in Prem Vidyalaya Junior High School, Shiwala Aligarh (referred at Serial No.205 of the order dated 3.11.2025) is to be filled in terms of the procedure of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978, as proposed, or in terms of the provisions of the U.P. Intermediate Education Act, 1921, as contended by learned Senior Counsel for the petitioner relying on the judgment in Vinod Kumar Gaur (Writ-A No.12209 of 2026, Neutral Citation No.2025:AHC:62400).

Court's answer

Learned Standing Counsel was called upon to take instructions whether the vacancy in Prem Vidyalaya Junior High School, Shiwala Aligarh (Serial No.205 of the order dated 3.11.2025) is to be filled up in terms of the U.P. Intermediate Education Act, 1921, as contended for the petitioner, instead of the procedure under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978. Procedural direction; no merits decided.

Ratio / Principle

The matter was directed to be put up as fresh after one week. Procedural direction.

Key takeaways

The matter was put up for final hearing at 11.00 AM on the next day, with the direction that, in case of default, the Director of Education (Basic), Department of Basic Education, U.P., Prayagraj, shall remain present before the Court. Procedural direction; no merits decided.ratio¶19

Detailed headnote1 paragraphs

Interlocutory order — Writ - A No. 1966 of 2026, Ram Kumar Bharadwaj v. State of U.P. and 4 Others (High Court of Judicature at Allahabad, Saurabh Shyam Shamshery, J.), order dated February 18, 2026. The matter concerns the appointment of Assistant Teacher of Prem Vidyalaya Junior High School, Shiwala Aligarh, referred at Serial No.205 of the order dated 3.11.2025, proposed in terms of the procedure of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978. Learned Senior Counsel for the petitioner contended, in terms of the judgment in Vinod Kumar Gaur v. State of U.P. and 4 Others, Writ-A No.12209 of 2026, Neutral Citation No.2025:AHC:62400, that the vacancy in the said College is to be filled up in terms of the provisions of the U.P. Intermediate Education Act, 1921. By order dated 11.02.2026, the Court directed learned Standing Counsel to take instructions on this question and put up the matter as fresh after one week. On the present order, learned Standing Counsel submitted he would complete his instructions the same day; the Court put up the matter for final hearing at 11.00 AM the next day, directing that, in case of default, the Director of Education (Basic), Department of Basic Education, U.P., Prayagraj, shall remain present before the Court. No question on merits or law was decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 1966 of 2026

Ram Kumar Bharadwaj

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Birendra Kaushik, Sankalp Narain Counsel for Respondent(s) : C.S.C.

Court No. - 32

HON'BLE SAURABH SHYAM SHAMSHERY, J.

This Court has passed following order on 11.02.2026:

“1. Heard Sri G.K.Singh, learned Senior Counsel assisted by Sri Samarth Singh, learned counsel for the petitioner and Sri Saurabh, learned Standing Counsel.

Put up as fresh after one week.

Meanwhile, learned Standing Counsel may take instructions as to whether the College namely Prem Vidyalaya Junior High School, Shiwala Aligarh which is referred at Serial No.205 of the order dated 3.11.2025, whereby appointment of Assistant Teacher of the said College alongwith other candidates is proposed in terms of procedure of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978, whereas it is contended by learned Senior Counsel for the petitioner that in terms of the judgment passed in Writ-A No.12209 of 2026, Vinod Kumar Gaur Vs. State Of U.P. And 4 Others, Neutral Citation No.2025:AHC:62400, vacancy in the said College is to be filled up in terms of the provisions of U.P. Intermediate Education Act, 1921.”

Sri Saurabh, learned Standing Counsel submits that he will complete his instructions today and prays that present matter may come up for hearing tomorrow.

WRIA No. 1966 of 2026

2

Sri G.K. Singh, learned Senior Advocate assisted by Sri Sankalp Narain, learned counsel for petitioner, has no objection.

Put up tomorrow at 11.00 AM for final hearing. In case of default, Director of Education (Basic), Department of Basic Education, U.P., Prayagraj, shall remain present before this Court.

(Saurabh Shyam Shamshery,J.)

February 18, 2026 AK

Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Cite this judgement

Ram Kumar Bharadwaj v. State of U.P. and 4 Others, WRIA/1966/2026 (ALL), decided on 11 February 2026.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Vinod Kumar Gaur Vs. State Of U.P. And 4 OthersReferred¶14

Open Authorities

Statutes2

U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978
U.P. Intermediate Education Act, 1921U.P. Intermediate Education Act, 1921

View all statutes

Procedural history3

Order dated 3.11.2025 referring Prem Vidyalaya Junior High School, Shiwala Aligarh at Serial No.205, whereby appointment of Assistant Teacher of the said College alongwith other candidates is proposed in terms of the procedure of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978; learned Senior Counsel for the petitioner contends that, in terms of the judgment in Vinod Kumar Gaur (Writ-A No.12209 of 2026, Neutral Citation No.2025:AHC:62400), the vacancy in the said College is to be filled up in terms of the U.P. Intermediate Education Act, 1921.3.11.2025
By order dated 11.02.2026, the Court heard Sri G.K. Singh, learned Senior Counsel (assisted by Sri Samarth Singh) for the petitioner and Sri Saurabh, learned Standing Counsel, and called upon the Standing Counsel to take instructions whether the vacancy in the College (Serial No.205 of the order dated 3.11.2025) is to be filled up in terms of the U.P. Intermediate Education Act, 1921, as contended for the petitioner relying on Vinod Kumar Gaur, instead of the procedure under the 1978 Rules.
On the date of the present order, Sri Saurabh, learned Standing Counsel, submitted that he would complete his instructions the same day and prayed that the matter come up for hearing the next day; Sri G.K. Singh, learned Senior Advocate, assisted by Sri Sankalp Narain, learned counsel for petitioner, had no objection.

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Bench / Coram

Saurabh Shyam Shamshery

Parties & counsel