Court No. - 58
Case :- WRIT - A No. - 1092 of 2019 Petitioner :- Amit Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar,Arvind K. Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner appears to have applied for appointment to the post of Office Superintendent, pursuant to an advertisement published in newspaper 'Aaj' on 18th September, 2016. The advertisement is sought to be challenged on the ground that during the pendency of the selection proceedings, the rules have been altered and the eligibility has also changed. Reliance is place upon a communication of Regional Higher Education Officer, Agra, dated 1.1.2019.
Petition is opposed by the learned Standing Counsel.
From the materials placed on record, this Court finds that at this stage, there would be no ground available to the petitioner to challenge the advertisement, particularly when he has already made an application for appointment pursuant to it. So far as the plea of change in eligibility is concerned, it is settled that once the selection proceedings have been initiated then it has to be pursued, in accordance with the recruitment rules, as it stood then and any subsequent change in the qualification etc. would not be relevant. No other illegality has been pointed out. Even otherwise, all such issues can be examined by the concerned educational authorities at the appropriate stage. It is otherwise settled that newspaper reports are not primary evidence on which cognizance could be taken of the proceedings, when no other material in support of such elections have been furnished. No case for interference with the selection proceedings is made out, at this stage.
Writ petition, accordingly, is dismissed.
Order Date :- 22.1.2019 Anil