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HIGH COURT OF JUDICATURE AT ALLAHABAD

SPECIAL APPEAL No. - 559 of 2026

Birendra Singh Vaire

.....Appellant(s)

Versus

State Of U.P. And 5 Others

.....Respondent(s)

Counsel for Appellant(s) : Bajrang Bahadur Singh, Satya Prakash

Singh

Counsel for Respondent(s) : C.S.C., Gulrez Khan, Krishna Kumar

Chand

And

SPECIAL APPEAL No. - 560 of 2026

Birendra Singh Vaire

.....Appellant(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Appellant(s) : Bajrang Bahadur Singh, Satya Prakash

Singh

Counsel for Respondent(s) : C.S.C.

Court No. - 3

HON'BLE SAUMITRA DAYAL SINGH, J.

HON'BLE SWARUPAMA CHATURVEDI, J.

1. Heard Sri S.P. Singh, learned counsel for the original

petitioner/appellant; Sri Gulrez Khan, learned counsel for the private

respondent no.6 and Sri Krishna Kumar Chand, learned counsel for

respondent no.2/Board.

2. Present intra-Court appeals have arisen against common order of the

learned single judge dated 08.04.2026 passed in Virendra Singh Vaire

Vs. State of U.P. & Ors.; 2026:AHC:76289. By that order, the learned

single judge has dismissed Writ - A No. 22502 of 2006 and disposed of

Writ - A No. 1339 of 2010, both filed by the present appellant.

SPLA No. 559 of 2026

2

Order on Special Appeal No. 559 of 2026

3. Earlier, the original petitioner had filed Writ - A No. 6890 of 2006 to

challenge the order dated 08.12.2005, appointing private respondent no.6

as Lecturer (English) at Maghanand Inter College, Sarai Ghasi,

Bulandshahr. However, that writ petition was dismissed as withdrawn by

the petitioner, vide order dated 06.02.2006.

4. Thereafter, the original petitioner filed Writ - A No. 22502 of 2006. In

that writ petition, after making disclosure of the fact that the earlier Writ -

A No. 6890 of 2006 had been dismissed as withdrawn, the petitioner

again set up challenge to the order dated 08.12.2005. Also, consequential

relief was sought.

5. At the same time, the original petitioner filed yet another Writ - A No.

1339 of 2010 for payment of arrears of salary etc.

6. Having heard learned counsel for the parties and having perused the

record, we find no error on principle in the order of the learned single

judge. The cause of action having arisen to the petitioner in the year 2005

upon issuance of appointment letter to the petitioner on the post of

Lecturer (English) at Maghanand Inter College, Sarai Ghasi, Bulandshahr

and that writ petition having been dismissed as withdrawn, at the instance

of the original petitioner/appellant, fresh cause of action did not

survive/arise as may have allowed the original petitioner to file the second

writ petition being Writ - A No. 22502 of 2006.

7. Also, we take note of the fact that the petitioner had been appointed on

the post of Lecturer (English) at the above described institution by way of

a stop-gap arrangement, till the joining of a regularly selected candidate.

SPLA No. 559 of 2026

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There is no doubt that the respondent no.6 is a regularly selected

candidate. The challenge as to the placement at the institution in question

- for reason of reservation not available was an issue to be contested in the

first writ petition filed by the original petitioner being Writ - A No. 6890

of 2006. Upon dismissal of that writ petition, no fresh cause of action ever

arose, to raise that challenge.

8. Whether the issue of reservation is to be governed by the full bench

decision of this Court in Heera Lal Vs. State of U.P. & Ors.;

2010:AHC:170881-FB, is an academic issue in the facts noted above.

Once cause of action did not survive on withdrawal of the first writ

petition filed by the original petitioner - without leave to file second

petition, no interference may ever be offered on the second writ petition.

9. The present intra-Court appeal lacks merit and is accordingly

dismissed

Order on Special Appeal No. 560 of 2026

10. Insofar as the present appeal is concerned, an error on principle

appears to have crept in the order of the learned single judge to the extent,

that writ petition has been dismissed in entirety. It being undisputed