Court No. - 58
Case :- WRIT - A No. - 25305 of 2018 Petitioner :- Gyan Bhushan Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
It appears that a post for appointment of a Class-IV employee in 'Vishwnath Tiwari Higher Secondary School, Neerupur, District Ballia' had been advertised in daily news papers 'Aaj' and 'Amar Ujala'. Number of applicants applied for the post including petitioner. Petitioner alleges that he possesses requisite qualification of 'CCC' certificate and also required typing speed. He was ultimately selected. The plea for grant of approval, however, has been declined on the ground that number of other persons who do not possess the requisite qualification were also allowed to appear in the interview and were also given an opportunity to appear in the typing test.
Learned counsel for the petitioner submits that merely because certain ineligible persons were allowed to appear in the interview, would not be a ground to deny financial approval to petitioner's appointment itself inasmuch as no illegality has been shown in the selection of petitioner.
Learned Standing Counsel submits that the authorities concerned be permitted to revisit the issue.
A perusal of record would go to show that the reasons assigned to deny approval to the appointment of petitioner on Class-III post is that number of ineligible persons were also permitted to take part in the typing test, and that it may be a ground to reject their claim, but petitioner's selection would not be vitiated for such reasons. The Regional Level Committee was required to consider petitioner's candidature with reference to the qualification possessed by him. In case vacancy is duly advertised and the petitioner possessed requisite qualification, the Regional Level Committee would not be justified in denying consideration to petitioner's claim for appointment merely because certain other persons had participated.
Writ petition accordingly stands allowed. Order impugned dated 3.11.2018 cannot be sustained and is quashed. The Regional Level Committee is directed to take a fresh decision on petitioner's claim for grant of approval by passing a reasoned order, in accordance with law, within a period of three months thereafter.
Order Date :- 30.11.2018 n.u.