Court No. - 58
Case :- WRIT - A No. - 27634 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Shukla,Kamal Pati Shukla Counsel for Respondent :- C.S.C.,Satyaveer Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was selected for appointment to the post of Lecturer in Economics pursuant to recruitment undertaken by the Board in the year 2010. It appears that he was selected and placed in an institution in the year 2012 at Budaun but the post itself apparently was not available and, therefore, the petitioner could not join.
Pursuant to the orders passed by the Apex Court on 17.8.2018 in Civil Appeal No. 10808 of 2017 (U.P. Secondary Education Services Selection Board Vs. State of U.P. and others), a fresh order has now passed by the Board on 7.10.2018, whereby the petitioner has been placed in Vinova Inter College, Kamasin, Banda. The petitioner is aggrieved by this order on the ground that his wife is working in an institution at Sultanpur and since there are vacancies available at Sultanpur also, petitioner's claim be considered for placement at Sultanpur.
Learned counsel for the Board, as also the learned Standing Counsel, opposed the writ petition on the ground that petitioner has no right to choose the place where he would be placed, and once the Board has offered him a placement pursuant to his selection, the petitioner may either join or else his right would be forfeited.
This Court finds substance in the objection raised by the respondents, inasmuch as, the petitioner has no specific right to insist upon being placed in a particular institution of his choice. The allotment of college at Banda, therefore, would not be interfered on the asking of the petitioner. The petitioner, therefore, must join before his grievance could be considered for being placed in any other institution.
This petition, therefore, stands disposed of with the observation that in case the petitioner joins forthwith pursuant to the order of the Board dated 7.10.2018 itself, it shall be open for him to represent his cause before the Board for being accommodated in any other institution at Sultanpur, provided such a vacancy exists and there is no hindrance in consideration of petitioner's claim, as per law.
Order Date :- 21.12.2018 Ranjeet Sahu