Court No. - 7
Case :- WRIT - A No. - 473 of 2017 Petitioner :- Smt. Priti Maurya Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Murli Dhar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
Government issued Circular dated 15.12.2016 fixing educational qualification for appearing in the examination for recruitment of 12,460/- Assistant Teachers in Primary Schools. In the aforesaid Circular, it was provided that a candidate must possess all eligibility conditions by 15.12.2016.
In pursuance to the aforesaid Circular, an advertisement was issued inviting applications from the eligible candidates to appear in the examination for recruitment of Assistant Teachers. Last date for submission of the form was 13.01.2017. The petitioner has challenged the aforesaid Circular on the ground that when the last date of submission of the form was 13.01.2017, a candidate who has acquired eligibility condition after 15.12.2016 could not have been denied to appear in the examination inasmuch as as per various judgments of the Supreme Court and this Court what is relevant is the last date of submission of the form to test the eligibility of a candidate to appear in the examination.
This Court vide an interim order dated 6.01.2017 permitted the petitioner, who acquired the eligibility on 23.12.2016 to appear in the examination. The petitioner has appeared in the examination and learned counsel for the petitioner submits that the petitioner has qualified in the examination.
Be that as it may, if the petitioner has qualified in the examination, her candidature for appointment on the post of Assistant Teacher against the vacancies, which were advertised in pursuance to the impugned Circular dated 15.12.2016 be considered by the authorities in accordance with the law. Her eligibility has to be tested on the last date of submission of the form i.e. 13.01.2017. If the petitioner figures in the merit list of the candidates and she is otherwise eligible to be appointed as Assistant Teacher, the appointment order shall be issued to her.
With the aforesaid observations, this writ petition is finally disposed of.
Order Date :- 24.8.2018 NSC