Court No. - 18
Case :- WRIT - A No. - 2848 of 2019 Petitioner :- Deepak Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijendra Deo Mishra Counsel for Respondent :- C.S.C.,Yogendra Singh Bohra
Hon'ble Prakash Padia,J.
Heard Sri B.D. Mishra, learned counsel for the petitioner, learned Standing Counsel has accepted notice on behalf of respondent nos. 1 and 2 and Sri Y.S. Bohra, learned counsel has put in appearance on behalf of respondent no. 3.
The petitioner has preferred the present writ petition with the following relief-
" Issue a writ order or direction in the nature of mandamus to direct the respondent no. 2 to provide the joining letter to the petitioner forthwith on the post of Assistant Teacher in Primary School, district Aligarh for which school be allotted to the petitoner in view of the notification dated 7.12.2018 (Annexure No. 3 to the writ petition)."
The facts in brief as narrated in the writ petition are that the petitioner had obtained Graduation degree in Science. Apart from that he has passed T.E.T. Examination and as such is fully qualified for appointment on the post of Assistant Teacher in Primary School. It is contented that pursuant to the Government Orders issued by the State Government for recruitment of Assistant Teacher, the petitioner duly submitted his application form under General Category (Male candidate) in Science group. A list was published by the respondents on 5.10.2018 in which petitioner was declared successful and his name finds place at serial no. 6 of the merit list. The petitioner also relied upon the notification dated 7.12.2018 issued from the office of the Secretary U.P. Basic Shiksha Parishad Prayagraj. In the aforesaid notification it is stated that all the selected candidates should be allotted district and thereafter they may be permitted to join their institutions. It is contented by learned counsel for the petitioner that inspite of the aforesaid notification dated 7.12.2018 till date no further action has been taken by the respondents. The petitioner was neither allotted any district nor any appointment letter whatsoever has been issued to him. It is further contented that in this regard a representation dated 21.1.2019 was moved by the petitioner addressed to the Secretary, Basic Shiksha Parishad,U.P. Allahabad copy of which is appended as Annexure-4 to the writ petition. Since no action was taken, the petitioner has preferred the present writ petition.
Contrary to the same it is contented by Sri Y.S. Bohra, learned counsel for respondent no. 3 that the petition is premature. After notification issued by the Secretary U.P. Basic Shiksha Parishad, Allahabad on 7.12.2018 large number of formalities are liable to be completed and immediately after completion of the formalities necessary action will be taken.
Heard learned counsel for the parties. With the consent of the learned counsel for the parties this writ petition is disposed of finally at the admission stage itself.
In the facts and circumstances of the case and in the interest of justice the petitioner is directed to submit fresh representation ventilating all his grievances, along with a certified copy of this order before the respondent no. 2- the Secretary U.P. Basic Shiksha Parishad, Allahabad within a period of two week from today. In the event such a representation is made, the respondent no. 2 is directed to pass a reasoned speaking order on the said representation within a period of three weeks thereafter.
With the aforesaid observations, this writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case and the authority concern shall pass order independently, in accordance with law.
Order Date :- 22.2.2019 M.A.Ansari