Gangesh Tripathi vs. State Of U. P

ITEM NO.2 COURT NO.9 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 14369/2023

(Arising out of impugned final judgment and order dated 17-04-2023 in WA No. 3737/2022 passed by the High Court Of Judicature At Allahabad, Lucknow Bench)

GANGESH TRIPATHI & ORS. Petitioner(s)

VERSUS

STATE OF U.P. & ORS. Respondent(s)

(IA No. 144923/2023 - DELETING THE NAME OF PETITIONER/RESPONDENT, IA No. 171203/2023 - EXEMPTION FROM FILING O.T., IA No. 116822/2023 - EXEMPTION FROM FILING O.T., IA No. 159418/2023 – INTERVENTION/IMPLEADMENT, IA No. 116837/2023 – INTERVENTION/IMPLEADMENT, IA No. 116836/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES), IA No.116838/2023 - DELETING THE NAME OF PETITIONER/RESPONDENT, IA No.195550/2023 -APPLICATION FOR PERMISSION, IA No.196027/2023 - APPLICATION FOR PERMISSION TO FILE REJOINDER AFFIDAVIT, IA No.196038/2023 -PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.196040/2023 -EXEMPTION FROM FILING O.T., IA No.196483/2023 -INTERVENTION/IMPLEADMENT, IA No.196492/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.196493/2023- EXEMPTION FROM FILING O.T., IA No.215728/2023 -INTERVENTION/IMPLEADMENT, IA No.239385/2023 – INTERVENTION/IMPLEADMENT, IA No.260704/2023 - EXEMPTION FROM FILING O.T., IA No.55017/2024 – INTERVENTION/ IMPLEADMENT, IA No.55268/2024 – INTERVENTION/IMPLEADMENT, IA No.56422/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES AND IA No.56424/2024 -EXEMPTION FROM FILING O.T.

WITH

SLP(C) No. 17994/2023 (XI)

(IA No. 157142/2023 - DISCHARGE OF ADVOCATE ON RECORD, IA No. 152870/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 152871/2023 - EXEMPTION FROM FILING O.T., IA No.196204/2023 -INTERVENTION/IMPLEADMENT, IA No.196744/2023 -EXEMPTION FROM FILING O.T., IA No.253191/2023 – INTERVENTION/IMPLEADMENT AND IA No.545/2024 – INTERVENTION/ IMPLEADMENT AND 3682/2024- EXEMPTION FROM FILING O.T. Digitally signed by Signature Not Verified

Date : 05-03-2024 These matters were called on for hearing today. 17:40:41 IST Reason:

CORAM :

Neetu Khajuria Date: 2024.03.05

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s) Mr. Dushyant Dave, Sr. Adv. Mr. V. K Shukla, Sr. Adv. Mr. Anurag Dubey, Adv. Mr. Rajesh Pathak, Adv. Mr. Shirsh Kumar, Adv. Mr. Ishank Gupta, Adv. Mr. Md Faiz, Adv. Mrs. Kumari Supriya, Adv. Mr. Ramakrishna Viraraghavan, Sr. Adv. Mr. Suyash Tripathi, Adv. Mr. Piyush Dwivedi, AOR Mr. Prathvi Raj Chauhan, AOR Ms. Priya Sharma, Adv. Ms. Shivani Jain, Adv. For Respondent(s) Mr. Sanjay Jain, Sr. Adv. Mr. S. S. Shroff, AOR Mr. Ajit Warrier, Adv. Mr. Angad Kochhar, Adv. Mr. Sajal Mendiratta, Adv. Mr. Yash Dubey, Adv. Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Manoj Kumar Sharma, Adv. Ms. Shashi Kiran, AOR Mr. Satish Chandra, Adv. Mr. Arjun Sain, Adv. Ms. Parul Shukla, AOR Mr. Udayaditya Banerjee, Adv. Ms. Shubhangi Pandey, Adv. Ms. Tanvi Chuphal, Adv. Mr. D.K. Sinha, Adv. Mr. Raju Sonkar, Adv. Ms. Pooja Sonkar, Adv. Mr. Debasis Sundaray, Adv. Mr. Deepak Kumar Sahu, Adv. Mr. Sunil Prakash Sharma, AOR

UPON hearing the counsel the Court made the following O R D E R

Applications for impleadment/intervention are rejected.

The petitioner(s) in both the cases have a remedy of filing Special Appeal(s) under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 before the Division Bench against the judgment of the learned Single Judge, which has since been impugned in these petition(s).

In view of the statutory alternative remedy available to the petitioner(s), we are not inclined to further entertain these petitions. These petitions are accordingly, dismissed on the ground of having alternative remedy.

Further, as these matters have remained pending before this Court for some time, we make it clear if the Special Appeal(s) are filed by the petitioner(s) within one week from today, the appointments and selections made would remain subject to final outcome of those Special Appeal(s). The application(s) for condonation of delay by the petitioner(s) before the High Court may be considered sympathetically by the High Court.

We further request the High Court to take up these matters on priority basis subject to other matters on board considering the age and gravity of the other matters pending on board.

It, however, goes without saying that the respondent(s), i.e. State and the Agency and other parties to the proceedings, involved in making the selection would cooperate in the hearing the Special Appeal(s).

The parties are at liberty to raise all contentions, including any subsequent developments, in the Special Appeal(s), which shall be decided on its own merits in accordance with law.

All pending applications are disposed of.

(NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (POOJA SHARMA) COURT MASTER