Allahabad High Court
/13239/2025 of SUSHMITA Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL AND HEALTH SERVICES LKO. AND 2 OTHERS on 19 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13239 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite party Nos.1 & 2 while power on behalf of opposite party No.3 has been filed by Mr. Ran Vijay Singh, which is taken
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 13239 of 2025
Court No. - 7
HON'BLE MANISH MATHUR, J.
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1. Heard learned counsel for petitioner, learned State Counsel for opposite party Nos.1 & 2 while power on behalf of opposite party No.3 has been filed by Mr. Ran Vijay Singh, which is taken on record.
2. Petition has been filed seeking a direction to the authority concerned for issuance of appointment letter in favour of petitioner in pursuance of result dated 25.08.2025 for the post of Junior Assistant (Medical and Health Service Department U.P.) which in turn issued in pursuance of advertisement No. 08/2022.
3. Learned counsel for petitioner submits that petitioner applied in pursuance of the said advertisement and was selected but appointment letter is not being issued in view of the fact that subsequent to document verification, the Fist Information Report was lodged by the sister-in-law of petitioner under Sections 115(2), 351(3), 352 & 85 B.N.S. read with Sections 3/4 of D.P. Act registered as Case Crime No. 391 of 2025 due to which there was no occasion for petitioner to have disclosed this information in the application form which was submitted prior to lodging of the F.I.R. It is submitted that in the aforesaid crime case, final report has already been submitted on 02.09.2025 with regard to the petitioner.
4. Learned State Counsel has been provided written instructions dated 15.11.2025, a copy of which is taken on record and Versus Counsel for Petitioner(s) : Amol Dixit, Shraddha Tripathi Counsel for Respondent(s) : C.S.C., Utsav Mishra Sushmita .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical And Health Services Lko. And 2 Others .....Respondent(s)
corroborates the aforesaid facts.
5. In view of the aforesaid facts and circumstances, it appears that the First Information Report was lodged against petitioner subsequent to her application for recruitment on the said post. It is also submitted that petitioner was duly selected with her name featuring in the select list.
6. Considering the aforesaid facts and circumstances, opposite party No.2, i.e., Director General, Medical & Health Services, U.P., Lucknow is directed to consider and decide petitioner's representation dated 06.10.2025 in the light of judgments rendered by Hon'ble Supreme Court as well as this Court with regard to effect of the F.I.R. on petitioner's appointment particularly since the case was lodged subsequent to petitioner's application as well as bearing of the case with regard to her duties which would be required in case she is appointed.
7. The authority shall also take into account the aspect that final report has already been submitted in the case. The petitioner shall annexe a copy of representation dated 06.10.2025 alongwith a certified copy of this order. The said representation shall be decided expeditiously within a period of four weeks from the date a certified copy of this order is served upon the said authority.
8. With the aforesaid direction(s), petition stands disposed of. November 19, 2025 lakshman WRIA No. 13239 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench