Court No. - 58
Case :- WRIT - A No. - 13457 of 2018 Petitioner :- Seema Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims entitlement for benefit of order of this Court in Km. Pallavi vs. State of U.P. and others being Writ Petition No.47490 of 2017, decided on 12.12.2017. It is contended that petitioner is identically placed and is entitled to similar treatment.
Sri R. B. Pradhan, learned counsel for the respondents submits that process of selection has already been concluded in the year 2016 and there is no vacancy available in the district concerned. Submission is that petitioner is not entitled to the benefit in view of the judgment in Km. Pallavi's case. Following observation made in Km. Pallavi's case is relied upon:-
"The learned Additional Advocate General would submit that the respondents undertake to follow the qualifications prescribed by the N.C.T.E., from time to time, however, the order, in the facts of the case be confined only to the petitioners who are before the Court in the present petition and the batch of writ petitions. In case, the order is made applicable to persons who have not approached the Court, as yet, it would be difficult for the second respondent, Uttar Pradesh Board of Basic Education, Allahabad, to consider their cases, for the reason that the process of selection and appointment has since been concluded."
Petitioner has not brought on record any justification as to why a timely challenge was not made by her. Once the process of selection has already been concluded and there is no vacancy left, it is difficult for this Court to extend any relief to the petitioner. It is, however, observed that in case there are any further vacancies left to be filled, petitioner's claim shall also be considered in terms of the law laid down in Pallavi's case.
Subject to the aforesaid observation, this writ petition is consigned to records.
Order Date :- 31.5.2018 Ashok Kr.