Court No. - 58
Case :- WRIT - A No. - 13173 of 2018 Petitioner :- Mohd. Idrish And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to an order dated 30.1.2018 passed by this Court in Writ Petition No.6004 of 2016, claim of petitioners for appointment has been considered and rejected by the authority concerned vide orders impugned dated 21.5.2018. The orders records that petitioners have not been able to furnish proof of their admission in the Moallim-E-Urdu Course nor the petitioners have been able to satisfy the authority that they had pursued their studies.
The order is challenged, contending that on 27th April, 2018, petitioners appeared before the authority and have furnished proof in respect of their actual admission as well as pursuing of course, which although has been referred to, but has not been taken note of, while rejecting the petitioners' claim.
A perusal of the records would go to show that this Court had made following observations while disposing of Writ Petition No.6004 of 2016:-
"11. For the reasons recorded above, this bunch of writ petitions is disposed of by providing as under:-
(i) All the petitioners who had taken admission prior to 11.8.1997 in the Moallim-E-Urdu training course and have cleared it during academic session 1997-98 would be entitled to be considered for appointment to the post of Assistant Teacher in Urdu in the primary institutions run by the Department of Basic Education, Uttar Pradesh, for which process had been initiated vide Government Order dated 5.1.2016.
(ii) Petitioners alongwith certified copy of this order would also submit proof of their admission in the course concerned prior to 11.8.1997 within a period of three weeks from today. It would be open for the concerned District Basic Education Officers to examine the question as to whether admission had in fact been obtained by the petitioners prior to 11.8.1997, as is asserted by them. It goes without saying that other educational certificates etc. would also be open to be examined in accordance with law.
(iii) Petitioners who have already participated in the counselling pursuant to interim orders passed in this bunch of writ petitions and have been selected would be considered for appointment and appropriate orders in that regard would be issued within a period of three months from the date of presentation of certified copy of this order.
(iv) In respect of those petitioners who have not participated in the counselling, it would be open for them to approach the District Basic Education Officer concerned and in case there are posts still lying vacant and the respondents are proposing to conduct further counselling, their claim shall also be considered in accordance with law."
The records further reveal that petitioners alongwith their representation dated 27th April, 2018 have annexed proof of their admission as well as of their appearance in the Moallim-E- Urdu Examination conducted between 17.2.1997 to 20.2.1997. Specific roll number etc. has also been given. A practical examination result before the cut off date was also brought on record. All such materials, however, have not been taken note of while rejecting the petitioners' claim. Except to observe in the order that petitioners have not been able to justify their admission prior to cut off date, there is otherwise no consideration of petitioners' claim on merits. In such circumstances, the orders passed by District Basic Education Officer, Allahabad, dated 21.5.2018, cannot be sustained, and is accordingly quashed.
The petitioners shall be at liberty to represent before the authority concerned once again alongwith all materials, together with certified copy of this order, within two weeks from today, and the District Basic Education Officer, Allahabad, shall consider their claim afresh, keeping in view the observations made above.
With the aforesaid directions, this writ petition stands disposed of.
Order Date :- 30.5.2018 Anil