Court No. - 30
Case :- WRIT - A No. - 21144 of 2015 Petitioner :- Santosh Kumar Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Ms. Durga Tiwari, learned counsel for the petitioner as well as Sri Harish Srivastava, learned Standing Counsel appearing for the respondents and have perused the record.
Present petition has been filed seeking a writ of mandamus directing the respondent no. 4 to issue an appointment letter pursuant to the counselling dated 4.12.2012. A further prayer has been made to direct the respondent no. 3 to decide the representation of the petitioner.
While entertaining the petition, following order was passed on 16.4.2014:-
"Learned Standing Counsel may file counter affidavit within three weeks stating therein as to what has happened with regard to appointment of 'Assistant Teachers' in English pursuant to advertisement dated 12.10.2012 wherein 12 posts were advertised to be filled for English subject and the petitioner was called for counselling and appeared on 22.12.2012, thereafter no further action has been taken.
Smt. Durga Tiwari, learned counsel appearing for the petitioner submits that one person namely Devendra Kumar was given appointment who was also in the S.C. category, same as the petitioner, but no results have been declared so far.
The aforesaid facts must be highlighted in the counter affidavit. List after three weeks."
Along with writ petition, order passed in Writ-A No. 6333 of 2013 (Ravindra Babu Shriwas and others vs. State of UP and others) along with connected matters was annexed wherein interim order was passed on 5.3.2013. Today a copy of the final judgement dated 6.12.2017 passed in the aforesaid bunch of writ petitions was produced.
Learned counsel for the petitioner and the learned Standing Counsel agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 6.12.2017 passed in Writ-A No. 6333 of 2013 (Ravindra Babu Shriwas and others vs. State of UP and others) along with connected matters.
Under such circumstances, no fruitful purpose would be served by granting further time to file counter affidavit or keeping this petition pending.
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 6.12.2017 passed Writ-A No. 6333 of 2013 (Ravindra Babu Shriwas and others vs. State of UP and others) along with connected matters, with a direction to the respondent no. 4-Joint Director of Education, Allahabad Region, District Allahabad to decide the representation of the petitioner preferably within a period of one month from the date of production of certified copy of this order. In case the petitioner is found entitled, the result of the counselling dated 4.12.2012 of the petitioner will be declared within the same period.
No order as to costs.
Order Date :- 27.3.2018 Abhishek