Court No. - 18
Case :- WRIT - A No. - 7531 of 2018 Petitioner :- Km. Santosh Devi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
By means of present Writ Petition the petitioner seeks direction commanding the respondents to provide further time to her for depositing the registration fee for the Assistant Teacher Recruitment Examination, 2018 pursuant to notification dated 09.01.2018.
In response to the directives issued by this Court on 13.03.2018, Shri Anurag Srivastava, learned Standing Counsel has placed the instructions dated 22.03.2018 sent by the Secretary Examination Regulatory Authority, Allahabad. The same is taken on record. As per the said instructions, the last date for depositing the online application fee was 07.02.2018 and petitioner has not deposited the fee within the time period provided in the advertisement as such, his candidature cannot be accepted.
It has also been mentioned therein that in similar circumstances, this Court in Writ Petition No.22321 (M/S)/2017 (Kiran Dwivedi vs. State of U.P. and others) vide order dated 19.09.2017 has proceeded to dismiss the writ petition on the ground that the petitioner has failed to show any Rules or Circular or Regulation permitting extension of time for depositing the fee. However leave was accorded to the petitioner therein to make representation to the Secretary, Examination Regulatory Authority U.P. at Allahabad for redressal of his grievance.
Confronted with this situation, learned counsel for the petitioner submits that now the factual situation is entirely different as the result of U.P. T.E.T. 2017 has been set aside and the Assistant Teachers' Examination, which was scheduled for 12.03.2018 has already been deferred and there is every likelihood that the Examination Regulatory Authority would reschedule the entire examination and in case fresh applications are invited in future, the petitioner may be permitted to avail such opportunity.
Learned Standing Counsel has not disputed the said situation and submits that in case the fresh applications are invited in future, this Court can always direct the authority concerned to consider the candidature of petitioner.
Once such is the factual situation that in similar circumstances, the Lucknow Bench of this Court in Writ Petition no.22321(M/S)/2017 has already rejected the similar prayer on the ground that petitioner has failed to show any Rule or Circular or Regulation permitting extension of time for depositing the fee, then there is no occasion or reason for this Court to entertain the Writ Petition in question and the same is accordingly dismissed but keeping in mind the facts that the result of U.P. T.E.T. 2017 has been set aside and the Assistant Teachers' Examination, which was scheduled for 12.03.2018 has already been deferred, in such a situation, in case the Examination Regulatory Authority invites fresh applications, then for all practical purposes the candidature of petitioner shall also be considered by the Authority concerned.
Order Date :- 27.3.2018 A. Pandey