Court No. - 33
Case :- WRIT - A No. - 8956 of 2021 Petitioner :- Archana Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sankalp Narain,Hritudhwaj Pratap Sahi Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Ashwani Kumar Mishra,J.
Controversy raised in the present petition has already been adjudicated by this Court vide following orders passed on 05.10.20212, in Writ Petition No. 9826 of 2021:-
Petitioner's claim for appointment to the post of Assistant Teacher appears to have been over looked on the ground that on the last date of filing application i.e. 22.12.2018, petitioner was not possessing minimum qualification for the post i.e. BTC. It appears that petitioner has passed BTC examination after clearing back paper in October, 2019.
Learned counsel for the petitioner places reliance upon the Government Order dated 5.3.2021 to submit that any change in the marks obtained, in the back paper was liable to be taken note of.
Claim of petitioner has however been rejected on 1.7.2021 by the District Basic Education Officer, Shahjahanpur, on the ground that petitioner's claim for appointment is not covered by Government Order dated 5.3.2021.
Law is settled that eligibility of a candidate for appointment is to be seen with reference to the last date fixed for making of application. On the last date of making application i.e. 22.12.2018, petitioner was not possessing qualification of BTC. Merely because she has subsequently cleared the back paper would not mean that her eligibility from a retrospective date would stand revived. No exception can be taken if her claim is denied for such reasons.
Dismissed, accordingly.
In that view of the matter and for the reasons recorded in the aforesaid order this petition is also dismissed.
Order Date :- 28.10.2021 Abhishek Singh