Court No. - 18
Case :- WRIT - A No. - 6563 of 2018 Petitioner :- Brajesh Kumar Singh Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Shivendra Nath Singh,Satish Kumar Dwivedi,Shivendra Nath Singh Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondents and Shri Sanjay Chaturvedi, learned counsel appearing for the respondent nos.3 and 4.
The petitioner is before this Court with request to issue direction to the authority concerned to appoint him on the post of Assistant Teacher in Primary School run and managed by the U.P. Basic Shiksha Parishad, Allahabad against 10,000 vacancies advertised in the year 2013.
At the very outset, Shri Sanjay Chaturvedi, learned counsel appearing for the respondents has raised a preliminary objection regarding maintainability of the writ petition on the ground that in compliance of the order passed by this Court dated 26.8.2014 in Writ A No.38315 of 2014 (Brajesh Kumar Singh vs. State of UP and 4 others) the claim of the petitioner has been considered and rejected by the Director, State Council of Educational Research and Training, U.P. Lucknow on 1.5.2015. Moreover, the advertisement in question was published in the year 2013 and the unfilled vacancies of the said recruitment were carried forward for accommodating the Special B.T.C. and the said vacancies have also been filled up. Once the claim of the petitioner has already been rejected on 1.5.2015 then at this stage no indulgence is required by this Court and the writ petition is liable to be dismissed.
The Court has proceeded to examine the record in question and finds that the petitioner passed graduation examination from S.C. College, Ballia affiliated from Gorakhpur University, Gorakhpur in the year 1984. He also passed B.Ed examination from Madan Mohal Malviya P.G. College, Bhatpar Rani, Deoria in the year 1988. Thereafter, he appeared in Special B.T.C. Training Course in the year 2007 and successfully completed his Special Training in the year 2012. The District Basic Education Officer, Ballia vide his order dated 24.9.2011 also sent him for practical training of 75 days. He has also passed the Teachers' Eligibility Test-2013. Earlier, he had approached this Court by preferring Writ A No.38315 of 2014 seeking direction upon the respondents to consider his candidature for appointment on the post of Assistant Teacher in District Ballia against 10,000 vacancies advertised in the year 2013. The said writ petition was disposed of by this Court on 26.8.2014 asking the competent authority to decide the claim of the petitioner. In compliance of the aforesaid order, the claim of the petitioner has been considered and rejected by the Director, State Council of Educational Research and Training, U.P. Lucknow on 1.5.2015. The said order has not been assailed by the petitioner and the same has attained finality.
Once this is the factual situation, which is emerging from the record in question, then no relief can be accorded in favour of the petitioner.
Consequently, the writ petition is dismissed on the ground of delay and laches.
Order Date :- 23.2.2018 RKP