Court No. - 58
Case :- WRIT - A No. - 10703 of 2018 Petitioner :- Sanjay Kumar Sharma And 4 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Subedar Mishra,Ashutosh Pandey Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Ashwani Kumar Mishra,J.
Petitioners have been selected for being posted in a basic school where medium of instruction is in English. In terms of the policy contained in the letter dated 28.3.2018, such persons are firstly liable to be adjusted in the institution where they are already working. In its absence, the selected teachers are given option to indicate their preference of institution where they would like to work.
Grievance of the petitioners is that they have not been given any choice to choose the institution where they may be posted. Claim of the petitioners apparently is covered under Clause-I of the circular dated 28.3.2018 and they are entitled to continue in the same institution. Since the claim of the petitioners does not fall under Clause-II, the question of seeking preference from them would not arise in terms of the circular.
No relief according can be granted to the petitioners. However, as the petitioners have a higher merit, it would be open for the respondents to consider petitioners' claim of posting in another institution provided there exists vacancy and it is otherwise not impermissible under the rules.
Subject to the observations made above, this petition is consigned to records.
Order Date :- 26.4.2018 n.u.