Court No. - 37
Case :- WRIT - A No. - 11855 of 2019 Petitioner :- Avinash Sharma Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Satendra Tirpathi Counsel for Respondent :- C.S.C.,Bhupendra Nath Singh
Hon'ble Abhinava Upadhya,J.
Heard Sri Satendra Tripathi, learned counsel for the petitioner; learned Standing Counsel for respondents no. 1, 2, 3 & 4 and Sri Bhupendra Nath Singh for respondent no. 5.
By means of this writ petition, the petitioner has come to this Court for a direction to the Director, Higher Education to consider the selection of the petitioner who was at Serial no. 3, Avinash Sharma, Male, General category in the waiting list.
It is submitted that the petitioner is at Serial no. 3 under the General category in the waiting list. It is further submitted that one Shivanand Yadav selected under General category, Rank no. 54 has not joined his allotted college Janta P.G. College, Ranipur, Mau. Similarly, one Katyayani Mishra selected under General category, Rank No. 35 has also not joined her allotted college M.G. Shati Smarak P.G. College, Ghazipur and one Prashant Kumar selected under General category, Rank No. 26 has resigned from his allotted degree college, namely, Mathura P.G. College, Rasra, Ballia and as such, in view of Section 13(2) of U.P. Higher Education Services Commission Act, 1980, the select list will be valid till the fresh list is send by the Commission and as such, the claim of the petitioner be considered.
The writ petition is disposed of with the direction that in case any vacancy in the General category on account of not joining/resignation by a candidate and the petitioner is eligible according to his merit, his claim be considered and decided within a period of one month from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 26.8.2019 Sunil Kr. Gupta