Court No. - 58
Case :- WRIT - A No. - 25251 of 2018 Petitioner :- Dr. Virendra Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arti Raje Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed as a Teacher on honorarium basis in terms of a Government Order issued in the year 1998. The engagement of petitioner continued from 2005 to 2011, whereafter the regularly selected candidate joined in the institution concerned. This happened in the year 2011. It is after expiry of more than 08 years that petitioner has approached this Court with the grievance that reservation was not correctly applied in terms of the law laid down by this Court in Dr. Vishwajeet Singh & Others vs. State of U.P. & Others, reported in 2009 (3) ESC, 1652, which has since been affirmed with dismissal of special leave petition before the Hon'ble Supreme Court in the year 2017. It is stated that the selected candidate, therefore, ought to be placed in some other institution, where vacancy exists for him, and that petitioner's claim for continuance be examined in that regard.
The petition is opposed by learned Standing Counsel.
It is not in issue that petitioner was engaged only on honorarium basis and has worked from 2005 to 2011. No right of regularization etc. has accrued in favour of the petitioner by virtue of Section 31-E of the U.P. Higher Education Services Commission Act, 1980. The person who has already been selected in place of petitioner has not been impleaded as a party respondent. After expiry of more than 08 years, this Court would not be inclined to entertain the grievance with regard to placement of selected candidate, on the ground that reservation was not correctly worked out.
Writ petition, accordingly, is dismissed.
Order Date :- 30.11.2018 Anil