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2026 Supreme(SC) 554

J. K. MAHESHWARI, ATUL S. CHANDURKAR
Manoj Kumar Rawat – Appellant
Versus
State Of UP – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rahul Kaushik, Sr. Adv. Mr. Manish Vashishtha, AOR Ms. Sanah A., Adv. Ms. Deepti Pandey, Adv.
For the Respondent(s): Mr. Amol Chitale, Adv. Mr. Nirnimesh Dube, Adv. Ms. Shweta Singh Parihar, Adv. Mrs. Pragya Baghel, AOR Mr. Samar Vijay Singh, AOR Ms. Sabarni Som, Adv. Mr. Anam Dev Sharma, Adv. Mr. Nikhil Jain, AOR Ms. Divya Jain, Adv. Ms. Arveen Sekhon, Adv. Ms. Tanishka Saxena, Adv. Mr. S.D. Singh, Adv. Ms. Shweta Sinha, AOR Mr. Ram Kripal Singh, Adv. Mrs. Meenu Singh, Adv. Mr. Siddharth Singh, Adv.

JUDGMENT :

J.K. MAHESHWARI, J.

1. Leave granted.

2. The instant appeal has been preferred by the appellant who found place in the panel of waitlisted candidates for the post of Principal in Post-Graduate (in short, ‘PG’) and Under-Graduate (in short, ‘UG’) non-Government Aided Colleges in the State of Uttar Pradesh. The appellant wishes to derive the benefit of Section 13(4) of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter ‘the old Act’). The learned Single Judge of the High Court of Judicature of Allahabad (hereinafter ‘High Court’) allowed the writ petition filed by the respondent no. 6 i.e., the affected person and then Officiating Principal of Meerut College, Meerut (hereinafter ‘Meerut College’) vide order dated 17.02.20251[in Writ-A No. 15433 of 2024.] by quashing the order dated 13.12.2023 and subsequent orders dated 12.01.2024 and 15.01.2024. On challenging the order of the learned Single Judge, the Division Bench of the High Court vide order dated 05.05.20252 [in Special Appeal No. 117 of 2025] (hereinafter ‘impugned judgment’) confirmed the same. Hence, the present appeal has been preferred by the appellant.

3. In the facts of the present case,

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