Court No. - 58
Case :- WRIT - A No. - 25245 of 2018 Petitioner :- Abrar Alam Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.,Bhupendra Nath Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner appears to have applied for appointment to the post of Assistant Professor in History, pursuant to Advertisement No.46, issued by U.P. Higher Education Service Commission, Allahabad. Petitioner is placed in the waiting list. It is stated that persons selected at Serial Nos. 16 and 30 have not joined, and that no other person above the petitioner in waiting list is available, as such the petitioner's claim for placement in terms of Section 13(3) of the U.P. Higher Education Services Commission Act, 1980 is required to be examined. Various representations in that regard has been made but as no decision has been taken, petitioner is before this Court.
Sri Rajesh Kumar Shukla appearing for the respondent Commission states that grievance of petitioner can be examined by the Director, Higher Education, in accordance with law.
Considering the nature of order proposed to be passed, notices need not be issued to private respondents, inasmuch as an opportunity of hearing would be offered to them by the second respondent at his own level. The writ petition, therefore, need not be kept pending and is being disposed of, at this stage itself.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to represent his grievance before the respondent no.2, as noticed above, alongwith certified copy of this order together with all relevant materials in support of his claim. Such claim of the petitioner shall be examined, after affording an opportunity of hearing to respondent nos.4 to 7, by passing a reasoned order, within a further period of four months, thereafter.
Order Date :- 30.11.2018 Anil