Court No. - 58
Case :- WRIT - A No. - 12814 of 2018 Petitioner :- Kumari Saroj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Anish,Sajiya Parveen Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav,Raghvendra Pratap Singh
Hon'ble Ashwani Kumar Mishra,J.
Grievance of the petitioner is that one post of Assistant Teacher under category of scheduled tribe has erroneously been filled by the respondents, inasmuch as Phoolan Shree daughter of Rameshwar Dayal has been appointed although she has secured lower quality point marks than the petitioner. It is stated that even details of selected candidate is not being provided to the petitioner.
Sri R. P. Singh, learned counsel appearing for the District Basic Education Officer has obtained instruction and placed the same before the Court, which is taken on record. As per it, Phoolan Shree has secured higher marks than the petitioner and in fact her quality point marks is 62.33. It is also stated that in the online application form correct details were not filled, which was later permitted to be corrected by the committee constituted for the purposes. Submission is that on the basis of correct marks secured by the selected candidate, she has been appointed. Learned counsel makes a specific statement that there is no vacant post available in the category concerned.
In view of the facts stated above, this Court finds that the selected candidate has secured higher marks than the petitioner and so the petitioner can have no grievance. No occasion arises for this Court to exercise its jurisdiction under Article 226 of the Constitution of India.
Writ petition is accordingly dismissed.
Order Date :- 28.5.2018 Ashok Kr.