Satya Prakash Yadav vs State of U.P. - 2025 Supreme(All) 3727

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3727

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ KUMAR GUPTA, AJIT KUMAR, VIKAS BUDHWAR
Satya Prakash Yadav – Appellant
Versus
State of U.P. – Respondent

Advocates Appeared:
For the Appellants :Shri Ashok Khare, Shri U.K. Saxena, learned Senior Advocates, along with Shri Navin Kumar Sharma and Shri Umang Srivastav.
For the UP Public Service Commission :Shri Manish Goyal, learned Additional Advocate General, along with Shri A.K. Goyal, learned Additional Chief Standing Counsel, Shri Chandan Kumar, learned Standing Counsel for the State and Shri Avneesh Tripathi.

JUDGMENT :

1. A Division Bench, having noticed divergent views expressed by an earlier Division Bench and a Single Judge Bench on the same controversy, passed the following order on 03.02.2025:

"1. The special appeal is directed against the order of learned Single Judge dated 06.11.2019 dismissing the writ petition of the appellants. The petitioners had challenged a communication sent by the office of Chief Engineer, Irrigation Department of the State U.P. dated 21.06.2018 addressed to the State Government, whereby recommendation was made to fill up only 394 post falling vacant in the recruitment years 2011-12, 2012-13 and 2013-14 through the State Engineering Services Recruitment Examination, 2014. The main ground of challenge was that the advertisement was issued on 24.11.2013 for filling up 640 posts and after issuance of advertisement, the vacancies could not have been reduced and that it was permissible to include future vacancies of next three recruitment years. Before the learned Single Judge, reliance was placed on a Division Bench judgment in Writ (S.B.) No. 1596 of 2016 where the Division Bench declined to accept challenge to the requisition dated 07.11.2013 by the Secretar