Court No. - 5
Case :- WRIT - A No. - 7149 of 2021 Petitioner :- Laxmi Narain Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 3 and Sri P.D. Tripathi, learned counsel for respondent nos.2 & 4.
The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(i). issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to forthwith pass an order directing respondent no.4 to organize counselling and select and appoint the petitioner as Assistant Teacher in Primary School in District Kushinagar against the nine vacant posts under Schedule Tribe Category as per his merit within specified period.
(ii). issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iii). To award the costs of the petition to the petitioner."
It appears that an advertisement was published inviting applications for recruitment on the post of Assistant Teachers for 16448 vacancies on 16.06.2016. The petitioner submitted an application in SC category for being considered for appointment in district Kushinagar. The petitioner was called for counselling, however, he was not selected.
It is contended by the learned counsel for the petitioner that there was total 660 seats allotted for district Kushinagar and according to reservation, 13 posts were reserved for scheduled tribes candidates. He submits that out of 13 seats of schedule tribes category, only 4 seats of schedule tribes category were filled and 9 seats are still remain vacant due to non availability of schedule tribes candidates.
He further submits that it was incumbent upon the respondents to fill-up the aforesaid vacant seats of schedule tribes category from the candidates of schedule castes category. He further placed reliance upon paragraph 14 of the writ petition to contend that if the appointment on the vacant seat had been made, he would have secured the appointment as his cut off merit is higher than the last candidate appointed in the said category. Paragraph 14 of the writ petition is being extracted hereinbelow:-
"14. That nine posts under Schedule Tribe category are still lying vacant in district Kushinagar and in view of the various orders of this Hon'ble Court as well as Circulars dated 01.02.2017 and 06.02.2017 issued by respondents, the petitioner is entitled to be appointed as Assistant Teacher on the vacant posts of Schedule Tribe category as his cut of merit is higher than the last candidate appointed in said category."
In the aforesaid back drop, the present writ petition has been filed.
Learned counsel for the respondents submits that the selection is of year 2016 and petitioner has approached this Court after about 5 years and the selection process must have been completed and all the appointments have been made Thus, he submits that the writ petition is barred by delay and latches inasmuch as no plausible explanation has been tendered by the petitioner in approaching the Court after about 5 years from the date of selection.
Be that as it may, it is not in dispute that the posts were advertised in the year 2016 and petitioner has approached the Court after about five years. There is no plausible explanation tendered by the petitioner for delay and latches in filing of writ petition after about five years. It is obvious that more than five years have passed and by now, the process of selection must have been completed.
It is worth to mention that the averment made in the paragraph 14 of the writ petition is vague inasmuch as if the vacant posts of schedule tribes category are to be filled up, then the first right of that candidate would accrue to that candidate whose name is placed just below the last selected candidate in the schedule caste category. Though, the petitioner has stated in paragraph 7 of the writ petition that he has secured 66.59 quality point marks, but there is no averment in the writ petition to the effect that he is just below the last selected candidate in schedule caste category. The averment in this regard is lacking in the writ petition. Therefore, even otherwise the petitioner has no right for being considered on the vacant post of Schedule Tribe.
Accordingly, writ petition lacks merit and is accordingly,
dismissed.
Order Date :- 29.7.2021 Sattyarth