Court No. - 4
Case :- WRIT - A No. - 24844 of 2018 Petitioner :- Smt. Archna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Pratap Pal Counsel for Respondent :- C.S.C.,Ram Bilas Yadav Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The grievance of the petitioner is that on account of particular column being left over in the online submission of the application form, it could not be shown that the petitioner was senior most at the time of his application for recruitment of Assistant Teacher in the selection of the year 2018.
The petitioner contends that in similar set of facts, special appeal no. 867 of 2018, Pavitra Kumari v. State of U.P. and Others, the Court has taken the view, which is reproduced hereunder:
"Learned single Bench, as a matter of fact, failed to appreciate that on 25.08.2018 i.e. prior to the last date for submitting the application form the appellant-petitioner conveyed about her working as Shiksha Mitra in District Shyamli and on basis of that she was entitled to have weightage to be posted in that district, hence appeal deserves to be allowed.
Accordingly appeal is allowed. The respondents are directed to consider the candidature of the appellant- petitioner for appointment as Assistant Teacher in District Shyamli by taking into consideration her working and experience as Shiksha Mitra in the district aforesaid. The aforesaid exercise shall be made within a period of one month from today."
Learned counsel for the petitioner contended that petitioner is therefore entitled to identical relief.
Per contra, the argument advanced on behalf of the counsel for respondent nos. 3 and 4, Sri R.B.Yadav is that petitioner has already been given appointment and he is working in district Balrampur, therefore, it highly matters to give him award or not.
In reply, learned counsel for the petitioner submits that in case weightage had been awarded to the petitioner he would have been given the choice posting at place where he was working.
In the opinion of this Court, the particular left over of the column would hardly have any adverse effect upon the candidature of a person in terms of posting after selection who is otherwise eligible and has produced the documents to that effect before the authority concerned prior to the last date of submission of online registration. The petitioner in this petition has already brought on record the letter dated 24th August, 2018 whereby he had already apprised the authority, namely 3rd respondent that he was senior most at the time of seeking selection and appointment as Assistant Teacher in Junior Basic School.
In view of the above, this writ petition is disposed of with direction to the third respondent to reconsider the issue of the petitioner about his posting in case the petitioner was senior most at the time of his application for the purpose of selection and appointment on the post in question in the light of judgement of division bench in case of Pavitra Kumari (supra). Necessary orders of consideration shall be passed by 3rd respondent within period of six weeks from the date of production of certified copy of this order.
Order Date :- 26.11.2018 Sanjeev