Court No. - 34
Case :- WRIT - A No. - 13133 of 2020 Petitioner :- Sudhansu Kumar Pathak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri P.D. Tripathi for the Basic Education Officer and the learned Standing Counsel.
This petition has been preferred seeking the following reliefs:-
"Issue a writ order or direction in the nature of Mandamus directing the respondents to consider the claim of petitioner against the vacant posts (99 posts) under the ex-serviceman category with the candidates belonging to district preference and first round counsel in the selection process of total 16448 posts of assistant teachers to be appointed in Junior Basic School (Primary School), in district Kushinagar initiated vide G.O. dated 16.06.2016 issued by State of U.P. through Secretary, Govt of U.P. at Lucknow.
Issue a writ, order or direction in the nature of mandamus commanding to respondents not carry forward the post laying vacant under ex-serviceman quota in the next vacancies."
The petitioner admittedly had participated in a recruitment exercise initiated by the respondents in 2016. It is also the undisputed position that the cut off for the general category to which the petitioner belongs was placed at 61.80 marks in the first round of counselling. The petitioner was not offered appointment since he had obtained only 53.39 marks. Presently learned counsel for the petitioner has been unable to draw the attention of the Court to any material which may establish that the process of recruitment which was initiated in 2016 is still ongoing. All that is referred to is a communication of 16 January 2018 placed at annexure-7 to the writ petition. That order also does not take the case of the petitioner any further.
In the absence of any material which may establish that the respondents are still continuing to offer appointments to persons who had appeared in the 2016 recruitment or that the merit position has been lowered and counselling initiated afresh, the Court finds no ground to issue the writs as prayed for. The petition is dismissed.
Order Date :- 7.1.2021 faraz