Court No. - 36
Case :- WRIT - A No. - 9941 of 2021 Petitioner :- Archana Pal Respondent :- State of U.P. and another Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Seemant Singh, learned counsel for the petitioner and Smt. Archana Singh, learned Additional Chief Standing Counsel for the respondents.
The petitioner is before this Court with request to issue direction to the Secretary, U.P. Basic Education Board, Prayagraj to consider her selection on the post of Assistant Teacher against 69000 posts of Assistant Teachers advertised by the State Government vide Government order dated 01.12.2018 under Scheduled Caste category on the basis of her quality point marks i.e. 63.61, which is higher than the last selected candidate under Scheduled Caste category.
Smt. Archana Singh, learned Additional Chief Standing Counsel has raised an objection that in pursuance of the aforesaid Government order dated 01.12.2018, the petitioner applied online for appointment on the post of Assistant Teachers to be posted in Primary Schools run and managed by the U.P. Basic Education Board under OBC category. She was considered under OBC category on the basis of her online application form and was declared to be unqualified. Now, the petitioner is seeking reconsideration of her entitlement under SC category and the certificate in question has been furnished after the cut off date.
Earlier there has been divergent opinion on this aspect of the matter as to whether the certificate in question can be accepted even after the last cut off date and, in order to resolve such an issue, the matter had been referred to Full Bench of this Court and the Full Bench on 4th May, 2017, resolved such an issue in Special Appeal No. 156 of 2017 (Gaurav Sharma Vs. State of U.P. Thru Secy. and 3 others) and the answer, that has been given by the Full Bench of this Court, is that certificate in question cannot be accepted after the last cut off date.
Once the Full Bench of this Court has already resolved the issue, then judicial discipline binds this Court to follow the same principle that has been settled by the Full Bench.
In view of this, following the reasoning given by the Full Bench of this Court in Gaurav Sharma Vs. State of U.P. Thru Secy. and 3 others, present writ petition sans merit and is accordingly dismissed.
Order Date :- 12.8.2021 RKP