Court No. - 5
Case :- WRIT - A No. - 14279 of 2021 Petitioner :- Azad Kumar Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prasad Yadav Counsel for Respondent :- C.S.C.,Awadhesh Kumar Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 3 and Sri Awadhesh Kumar, learned counsel for respondent no.2.
The petitioner pursuant to an advertisement notified for recruitment on the post of Assistant Teachers applied for being considered for appointment.
It is stated that petitioner has secured 93 marks. It is further stated that petitioner has secured one mark less than the last candidate selected, and if he has been extended the benefit of jugement of this Court in Special Defective Appeal No.343 of 2021, he will get 94 marks and thus, he will be selected.
Learned counsel for the respondents has placed reliance upon the direction of this Court in Special Appeal Defective No.343 of 2021 wherein this Court has confined the benefit of judgement only to those candidates who have raised the issue by maintaining a writ petition by the date of judgement and not any other candidate. Relevant extract of the said judgement is being extracted herein below:-
"It is stated that selections have already been finalized followed by appointments but merely for that reason, the candidates having a case in their favour cannot be deprived to get benefit. Keeping in mind that selections have already been completed followed by appointments, direction in these appeals would apply only to those candidates who have raised the issue by maintaining a writ by now and not to any other candidate. The benefit to the candidates therein also would be if they are short of one mark because the value of each question is of one mark."
Since the benefit of aforesaid judgement has been extended only to those candidates, who have approached this Court by filing writ petition till the date of judgement, therefore, relief, which has been claimed by the petitioner, cannot be granted.
Thus, for the reasons given above, writ petition lacks merit and is accordingly, dismissed with no order as to costs.
Order Date :- 25.10.2021 Sattyarth