Court No. - 58
Case :- WRIT - A No. - 7418 of 2018 Petitioner :- Aparajita Respondent :- State Of U P And Another Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Learned counsel for the petitioner submits that petitioner had applied for appointment to the post of Assistant Teacher of Maths/Science, advertised by the U.P. Basic Shiksha Parishad, Allahabad. The total number of 29334 posts were to be filled. Petitioner is already employed as a teacher in the primary institution. It appears that petitioner although had secured marks above the cut-off in the respective category, but appointment letter was not issued to her for the reason that requisite educational certificates were not furnished by the petitioner at that stage. Petitioner then approached this Court by filing Writ Petition No.58170 of 2016, which was disposed of with a direction upon the concerned respondents to examine her claim. Pursuant to such order, District Basic Education Officer has sent a report to the Secretary of the U.P. Basic Shiksha Parishad on 8th January, 2018, stating that in the peculiar facts, appointment order has not been issued to her, and therefore, she has not been allowed joining. Guidance has been sought from the Secretary in that regard.
While entertaining the writ petition, Sri Ashok Kumar Singh, appearing for District Basic Education Officer was allowed time to obtain instructions. On the basis of instructions, Sri Ashok Kumar Singh states that petitioner has scored marks higher than the cut-off in the respective category, and a post is also available against which petitioner could be considered.
In case the petitioner has scored marks higher than the cut-off in the respective category and she furnishes requisite education certificates, her claim would be verified and depending thereupon, a decision would be taken to appoint her in accordance with law. In case it is found that the petitioner was not issued appointment letter for no fault of her, the authorities shall not withhold the issuance of appointment order only on the ground that clarification from the Secretary is awaited.
Considering the facts and circumstances noticed above, the petition stands disposed of with a direction to accord consideration to the petitioner's claim for appointment within two months from the date of production of the certified copy of this order.
Order Date :- 30.4.2018/Shalini