The High Court of Judicature at Allahabad, Lucknow Bench, has halted the issuance of appointment letters for the post of Optometrist in the State of Uttar Pradesh. The interim stay was granted in a restored writ petition where 46 contractual employees are challenging the selection process for failing to provide weightage or preference for their decade-long service under the National Health Mission (NHM).
Legal Issue and Summary
The primary legal dispute involves whether contractual Optometrists working under the NHM scheme are entitled to “weightage” or “preference” in regular government appointments. While a Single Judge had earlier directed the state to grant such benefits, a Division Bench subsequently set aside that order, remanding the matter for fresh consideration on the specific legal grounds of such entitlement. On April 10, 2026, Justice Rajeev Singh, stayed the finalization of appointments to ensure the petitioners’ claims are not rendered infructuous.
Background of the Dispute
The petitioners, Sudeep Shukla and 45 others, represented by Advocate Alok Mishra, have been serving as Optometrists on a contractual basis under the NHM for over ten years. Their quest for regularisation or preference began with Writ Petition No. (A) 8621 of 2023, which led to a direction for the State to consider their representation.
The representation was rejected on November 21, 2023, by the Principal Secretary, Medical Health and Family Welfare, stating that the Assistant Optometrist Service Rules, 1993, do not provide for age relaxation or preference. Following this, the petitioners filed Writ-A No. 9881 of 2023. A Single Judge initially allowed the petition on January 16, 2024, directing the state to grant weightage based on the judgment in Seema Singh and others vs. State of U.P. and others.
Division Bench Analysis and Remand
The State Government challenged the Single Judge’s order in Special Appeal No. 21 of 2026. On February 10, 2026, the Division Bench set aside the judgment, observing a lack of reasoning regarding the legal entitlement to “weightage.” The Bench noted:
“If at all weightage is to be given, then, some reasons had to be assigned by learned Single Judge as to what was the basis for issuing such a direction… as regards judgment in Seema Singh (supra)… weightage was not given but preference was given to contractual employees.”
The Division Bench restored the writ petition to its original number, directing the Single Judge to reconsider the matter, specifically whether a claim for “preference” (as an alternative to weightage) is maintainable under the law.
Current Arguments and Court’s Analysis
Counsel for Respondent No. 3 informed the court that the selection process is already complete. They submitted that since the requisition for the posts did not include provisions for preference, no such benefit was extended to the petitioners, and the final select list has already been sent to the Government for the issuance of appointment letters.
The learned Additional Chief Standing Counsel, appearing for the State (Respondents 1 and 2), requested further time to file a counter affidavit. Meanwhile, the petitioners argued that as they are still working and the selection is underway, their rights must be protected pending the final disposal of the restored petition.
Decision of the Court
The Court took note of the Commission’s submission that results were ready for appointment. To preserve the status quo while the legal issues are debated, Justice Rajeev Singh ordered:
“As the petitioners are still working therefore, respondent nos.1 and 2 are hereby directed not to issue any appointment letter in pursuance of the selection in question till the next date of listing.”
The Court has granted the State time to file a counter-affidavit and warned that “appropriate orders” would be passed if the response is not filed by the next hearing. The case is scheduled for further hearing on April 21, 2026.
Case Details Block
- Case Title: Sudeep Shukla And 45 Others Versus State Of U.P Thru. Prin. Secy. Deptt. Medical Health Family Welfare Civil Govt. Lko. And 2 Others
- Case No.: WRITA No. 9881 of 2023
- Bench: Justice Rajeev Singh
- Date: April 10, 2026
