Heard learned counsel for the petitioner and Sri Pramendra Pratap Singh, learned counsel for U.P. Higher Education Service Commission.
Te petitioners by means of the present writ petition have prayed for the following reliefs:-
"(i). To issue writ, order or direction in the nature of Mandamus Commanding the respondents to allow the Petitioner No.1 to appear in exams for the posts related to both the subjects (Law and History) he has applied.
(ii). To issue writ, order or direction in the nature of Mandamus Commanding the respondents to allow the Petitioner No.2 to appear in exams for the posts related to both the subjects (Education and B.Ed) she has applied.
(iii). To issue writ, order or direction in the nature of Mandamus Commanding the respondents to conduct the exam in different dates or shifts to confirm the candidature for the respective subjects they had applied.
(iv). To issue any other writ, order or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.
(v). To award the cost of the petition to the petitioners throughout."
Learned counsel for the petitioners submits that petitioner nos.1 & 2 both are eligible to appear in exams for two subjects for the post of Assistant Professor. He submits that petitioners apprehend that the Commission may publish a timetable fixing the exams of two subjects on one day, and if that be so, petitioners might not be able to appear in one subject out of two subjects for which they have submitted application for selection.
Sri Pramendra Pratap Singh, learned counsel for the Commission on instructions submits that the Commission has issued a press note on 02.07.2021 inviting applications through E-mail from those candidates who have applied in two subjects so that timetable of exam may be scheduled accordingly.
The petitioners have submitted application through E-mail, copy of which is annexed as Annexure 16 & 17 to the writ petition.
Learned counsel for the petitioners submits during the course of argument that petitioners have submitted fresh application through online pursuant to the press note on 13.07.2021.
Sri Pramendra Pratap Singh, learned counsel for the Commission submits that if petitioners submit fresh representation before the authority concerned, the same shall be shall considered by the authority in accordance with law.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to each petitioners to file separate fresh representation before the respondent no.2- Secretary, Uttar Pradesh Higher Education Services Commission, Prayagraj alongwith a copy of this order downloaded from the official website of High Court, Allahabad duly certified by the leaned counsel for the petitioners, raising all their grievances within a period of one week from today. In case any such representation is filed by the petitioners, the respondent no.2 shall take appropriate decision within a period of two weeks thereafter.
The writ petition is disposed off subject to the observations made above.
Order Date :- 26.8.2021 Sattyarth