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Nishi Srivastava vs State Of U.P.Thru Prin. Secy. ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1, 3 and 5, Sri Ajay Kumar, learned counsel appearing for respondent no.2 and Sri Vindhya Washini Kumar, learned counsel appearing for respondent nos.4 and 6.
The petitioner being aggrieved with the order dated 15.06.2019, a copy of which is Annexure-4 to the petition, by which she has been posted at Primary School, Ahmad Nagar, Vikas Khand Jhanjhari, is before this Court.
Learned counsel for the petitioner contends that the petitioner had appeared in the written and viva voce examinations for being posted on the post of English Teacher and had duly qualified the said examinations as per the result declared by the respondents. The copy of the result has been filed as Annexure-3 to the petition. However, despite the petitioner having qualified has not been posted as English Teacher. Thus, being aggrieved, the petitioner is before this Court.
Learned counsel for the petitioner contends that once the respondents had held written examination and the petitioner duly qualified the said examination consequently there was no occasion for the respondents to not post the petitioner to teach the students the subject of English.
On the other hand, Sri Vindhya Washini Kumar, learned counsel appearing for respondent nos. 4 and 6, submits that though the petitioner had qualified in the written examination yet the condition precedent for being posted as English Teacher was of appearance in the counseling which was scheduled by the respondents. The petitioner did not appear in the counselling and consequently she has not been posted as English Teacher. Thus, it is contended that there is no infirmity or illegality in the impugned order dated 15.06.2019 posting the petitioner at Primary School in question.
Upon the same being pointed out, learned counsel for the petitioner submits that in this regard liberty may be given to the petitioner to submit a fresh representation to respondent no.4 for redressal of her grievances and it is prayed that respondent no.4 be directed to decide the said representation in accordance with relevant rules and regulations within specified time.
To the said prayer, learned counsel for the respondents have no objection.
Accordingly, without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to submit a fresh representation for redressal of her grievances to respondent no.4 within a period of two weeks from today. In case such representation is submitted along with certified copy of this order then respondent no.4 shall proceed to decide the said representation in accordance with relevant rules and regulations within a further period of four weeks from the date of receipt of the representation.
Order Date :- 30.8.2019 A. Katiyar
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Title

Nishi Srivastava vs State Of U.P.Thru Prin. Secy. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Abdul Moin