Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 2 of 2021
Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Seemant Singh Counsel for Respondent :- C.S.C.,M.N. Singh Appellant :- Lavakush Kumar
Hon'ble Sanjay Yadav,J. Hon'ble Siddharth,J.
Order on Civil Misc. Exemption Application No. 1 of 2021 This exemption application is allowed.
Order on Civil Misc. Delay Condonation Application No. 2 of 2021 Cause shown for delay in the affidavit in support of delay condonation application is sufficient.
Delay in filing of this special appeal is condoned.
Delay Condonation Application is allowed to the appeal. Office is directed to allot regular number Order on Appeal Heard Sri Seemant Singh, learned counsel for the appellant; learned standing counsel for the state-respondent nos. 1 & 3 and Sri M.N. Singh, learned counsel appearing on behalf of respondent no. 2.
This special appeal has been preferred against the judgment and order dated 19.01.2020 passed in Writ - A No. 7702 of 2020 (Lovakush Kumar Vs. State of U.P. and two others), whereby the writ petition preferred by the appellant was dismissed by the learned Single Judge.
The writ petition was filed by the appellant praying for a direction to the respondent no. 2, Uttar Pradesh Public Service Commission, Prayagraj to accept the three years teaching experience certificate duly countersigned by the Joint Director of Education submitted by the petitioner on 09.12.2019 before Controller of Examination of aforesaid commission prior to shortlisting of candidates for appearing in interview for selection on the post of Principal, Government Intermediate Colleges.
Learned Single Judge has found that the notifications provided that all candidates would have to submit their teaching experience certificates on or before 29.05.2019. The petitioner did not submit his teaching experience certificate prior to the aforesaid cut-off date. The contention of the counsel for the petitioner was not accepted on the ground that on the basis of the subsequent notification dated 27.06.2020 only certain class of candidates were permitted to submit their teaching certificates beyond the aforesaid cut-off date but the petitioner was not covered by the aforesaid notification. Learned Single Judge has further recorded the finding that the petitioner has not submitted his teaching experience certificate at all prior to the cut-off date of 29.05.2019.
The only arguments advanced on behalf of the counsel for the appellant is that the writ petition of the petitioner has been dismissed without even calling for counter affidavit. He has further submitted that the appellant was in possession of the teaching experience certificate but it was countersigned by the Joint Director of Education after the cut-off date, therefore, he was not at fault.
Learned counsels for the respondents have opposed the submissions made on behalf of the counsel for the appellant and have stated that in view of the cut-off date provided in the notification, the appellant should have got the teaching experience certificate countersigned before the cut-off date of 29.05.2019 and it cannot be extended on the ground argued. Regarding the contention that writ petition was dismissed without calling for counter affidavit, the learned Single Judge has taken note of the judgment passed in Writ -A No. 6856 of 2020 dated 10.09.2020 whereby the issue was earlier decided by this court.
After considering the rival submissions, this Court finds that the appellant has not been able to demonstrate any ground warranting grant of any relief to him regarding extension of cut- off date for submission of teaching experience certificate by the appellant. Even otherwise the law stands settled in this regard. Learned Single Judge has taken note of an earlier decision also while dismissing the writ petition. Since the controversy was concluded earlier, there was no need of fresh adjudication of controversy by calling for a counter affidavit from the respondents. The order of the learned Single Judge does not calls for any intereference.
The special appeal is hereby dismissed.
No order as to costs.
Order Date :- 8.1.2021 Rohit
(Siddharth, J.) (Sanjay Yadav, J.)