Court No. - 18
Case :- WRIT - A No. - 3065 of 2019 Petitioner :- Ajay Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Prakash Padia,J.
Heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri Siddharth Khare, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent nos.1 and 2 and Sri A. K. Yadav, learned counsel on behalf of respondent nos.3 and 4.
In view of the facts and circumstances of the case and in view of the order proposed to be passed today, notice is not necessary to be issued to respondent No.5 at this stage.
The petitioner has preferred the present writ petition with the prayer to issue a suitable writ directing the respondents to grant appointment to the petitioner on the post of Assistant Teacher in Primary School in District Bahraich pursuant to the counselling held on 2.9.2018.
The facts as contained in writ petition are that by means of the G.O. dated 9.1.2018, the State Government started recruitment of 68,500 Assistant Teachers in different Junior Basic Schools in the State of U.P. The petitioner being fully qualified/eligible also applied for the aforesaid recruitment. The petitioner appeared in the examinations held in the month of May, 2018. The result of the said examination was declared in which the petitioner was shown as having qualified for the post of Assistant Teacher. The petitioner obtained 72 marks out of 150. Thereafter the petitioner submitted online application for his appointment on the post in question. Thereafter, the petitioner was permitted to participate in the counselling, which was held on 2.9.2018.
Learned counsel for the petitioner contended that other similar situated candidates, who participated in the counselling along-with the petitioner were issued letter of appointments and they joined in different institutions but wholly illegally no appointment letter was issued to the petitioner. In this regard representations were submitted by the petitioner from time to time to the District Basic Education Officer. It is further contended by Sri Ashok Khare, learned Senior Counsel that a letter dated 17.10.2018 was also written by the Secretary U.P. Basic Shiksha Parishad, Allahabad, to the District Basic Education Officer, Bahraich stating therein that in the letter dated 14.9.2018 instructions were duly given regarding the Educational qualifications of the candidates participated in the aforesaid examination. Further directions were given to the District Basic Education Officer, Bahraich to pass appropriate orders after making necessary verification of the educational certificates submitted by the petitioner. In paragraph 19 of the writ petition, it is stated that the academic qualifications of the petitioner is M.Sc and apart from the aforesaid the petitioner has also completed a diploma course in Hearing, Language and Speech of one year duration awarded by Manipal University approved by the Rehabilitation Council of India. The petitioner has also a certificate in Education of Children with Special Needs awarded by the Department of Psychology, Banglore University. Learned counsel for the petitioner also relied upon a circular issued by the rehabilitation Council of India dated 11.1.2012. He further contended that petitioner is entitled for issuance of the appointment letter in his favour immediately without any delay.
No useful purpose would be served in keeping the writ petition pending hence with the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, the petitioner is directed to make a comprehensive representation ventillating all his grievances before the respondent no.4 along-with certified copy of this order within a period of two weeks from today. If such a representation is made, the respondent no.4 is directed to pass appropriate order in accordance with law within a further period of six weeks.
With the aforesaid observations, present writ petition is disposed of finally.
It is made clear that this Court has not entered into the merits of the case and thus it is for authority concerned to take a decision independently in accordance with law.
Order Date :- 26.2.2019 Pramod Tripathi