Court No. - 58
Case :- WRIT - A No. - 2251 of 2019 Petitioner :- Dr. Sanjeev Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Aakash Rai
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 13.2.2019:-
"Submission is that petitioner is entitled to be called for interview pursuant to his application made in response to advertisement no.1 of 2011. Submission is that merely because petitioner has taught in a self-finance institution would not be a ground to ignore his teaching experience. Reliance is placed upon a judgment of this Court in Dr. Deepak Bhatiya and others vs. State of U.P. and others being Writ Petition No.2842 of 2010, decided on 15.7.2010, as also the judgment passed in Special Appeal No.1289 of 2018, pursuant to which interview is proposed to be held now. Submission is that respondents cannot deny consideration to petitioner's claim.
Sri Akash Rai, learned counsel appearing for the respondent Board may obtain instructions in the matter, by the next date fixed. Put up as fresh on 19.2.2019."
Learned counsel appearing for the respondent Board has obtained instructions, according to which, petitioner is not eligible to take part in interview as his teaching experience was as a part-time teacher. An issue is also sought to be raised with regard to length of experience itself.
So far as the counting of experience rendered as part-time teacher is concerned, the issue has already been settled by this Court in the case of Dr. Deepak Bhatiya and others vs. State of U.P. and others being Writ Petition No.2842 of 2010. The Board is, therefore, expected to comply with the law laid down by this Court in Dr. Deepak Bhatiya's case. The actual experience of petitioner would be computed in view of the law laid down in the aforesaid matter. It is stated on behalf of the petitioner that he has completed more than four years service and his candidature could not be ignored merely for the reason that he has worked as part-time teacher. An appropriate decision in that regard would be taken by the Board within 10 days.
This observation is being made in view of the fact that interview is scheduled to be held shortly.
Subject to the aforesaid observations, this writ petition stands disposed of.
Order Date :- 28.2.2019 Ashok Kr.