Court No. - 28
Case :- WRIT - A No. - 5579 of 2018 Petitioner :- Kamlesh Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Siddharth,J.
Heard Shri Seemant Singh, learned counsel for the petitioner and Shri Sunil Kumar Singh, learned counsel for the respondents.
The petitioner claims to have represented for consideration of her appointment on the post of Assistant Teacher in pursuance of 16448 vacancies of BTC qualified candidates. Instructions were sought from learned counsel for the respondents, Shri P.D. Tripathi appeared on behalf of the respondent Nos. 2 and 3 and has stated that the petitioner has attained the age of 49 years and she cannot be considered for such appointment.
Learned counsel for the petitioner has pointed out to the guidelines of the U.P. Basic Education Board, Allahabad dated 25.6.2016 regarding the appointment of Assistant Teacher on 16448 posts of the candidates, who have qualified BTC/Special BTC etc. He has pointed out to the fourth proviso to the guideline No.1 (b), which provides that the candidates who have attained the age fixed for consideration of appointment and could not be appointed in pursuance of the departmental proceedings for appointment, then such candidates shall be entitled to the relaxation in the upper age limit as per the Teacher Service Rules, 1981 but in no case beyond the age of 60 years on the date of appointment. The contention of the learned counsel for the petitioner is that he has been denied consideration when he was under age and now such objection cannot be raised by the respondents since they cannot make premium out of their own fault.
The petitioner has already represented his grievance before the respondent No.2 by a representation dated 31.8.2017 by registered post on 05.9.2017 ventilating his grievance which may be decided by the respondent No.3, District Basic Education Officer, Kushi Nagar, within a period of six weeks from the date of production of certified copy of this order.
With the aforesaid direction, this writ petition is disposed of.
Order Date :- 28.2.2018 Ruchi Agrahari