Court No. - 18
Case :- WRIT - A No. - 9066 of 2018 Petitioner :- Triloki Nath Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Seemant Singh, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondent no.1 and Shri Mrigraj Singh, learned counsel for the respondent nos.2 and 3.
Triloki Nath is before this Court for following principal reliefs:-
"(a) issue a writ, order or direction in the nature of mandamus directing the respondents to conduct fresh round of counseling in respect of one vacant post of SC category in District Jaunpur in selection of total 16,448 posts of Assistant Teacher in Junior Basic School (Primary School) in different districts of State of U.P. where total 279 posts of Assistant Teachers were advertised by the District Basic Education Officer, Jaunpur.
(b) issue a writ, order or direction in the nature of mandamus directing the respondents to conduct fresh round of counselling and in case fresh round of counselling is conducted by District Basic Education Officer, Jaunpur then the petitioner may be allowed to participate in the counselling ignoring filling up incorrect roll number of his graduation in his on-line application form applied by the petitioners in District Jaunpur, within stipulated period of time as directed by this Hon'ble Court."
At the very outset, Shri Mrigraj Singh, learned counsel for the contesting respondents has raised objection regarding maintainability of the writ petition by submitting that in response of the Government order dated 16.6.2016, the petitioner had applied on-line application on 25.6.2016 for for his appointment on the post of Assistant Teacher in Junior Basic School (Primary School) run and managed by the U.P. Basic Education Board, Allahabad. Even in the said Government order, it was provided that if there was any discrepancy in the said on-line application, the petitioner could rectify the said mistake w.e.f. 19.7.2016 to 20.7.2016. At this stage, no relief can be extended in his favour and the writ petition is liable to be dismissed on the ground of delay and laches.
The Court has proceeded to examine the record in question and finds that on-line applications for selection of 16448 posts of Assistant Teacher in Junior Basic School) in different districts of State of UP were invited way back in the year 2016 and categorical averment was made in said advertisement that in case there was any discrepancy in the on-line application, then the incumbent would rectify such mistake from 19.7.2016 to 20.7.2016. Admittedly, at no point of time the petitioner had made any such application for rectifying the mistake.
The writ petition is dismissed on the ground of delay and laches.
Order Date :- 30.3.2018 RKP