Heard Sri Surya Prasad Tiwari, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Ajay Kumar, learned counsel for the opposite party No.2.
By means of this writ petition, the petitioners have assailed the tentative select list of 34660 Assistant Teachers dated 31.08.2018 issued by the opposite party No.2. It has further been prayed that the second tentative select list of 6127 Assistant Teachers dated 02.09.2018 issued by the opposite party No.2 be also quashed. Besides, the direction has been prayed that the opposite party No.2 be directed to reallocate the district of posting of the petitioners and similarly situated candidates selected against 68,500 Assistant Teachers recruitment in consonance with their merits vis-a-vis their preferences in their respective categories.
Sri Ajay Kumar, learned counsel for the opposite party No.2 has raised objection to the effect that the select list of the months of August and September, 2018 may not be quashed after a belated stage inasmuch as if the petitioners were aggrieved out of the aforesaid select list of 2018, they should have approached with promptness to the Court.
Sri Ajay Kumar has further raised objection that so far as the direction which has been sought by the petitioners, this direction has been sought not only for the petitioners but other similarly situated candidates, which is not permissible. He has lastly submitted that quashing of the select list has been prayed but the selectees have not been impleaded in the array of opposite parties.
On that, learned counsel for the petitioners has drawn attention of this Court towards the judgment and order dated 29.08.2019 passed by this Court at Allahabad in Writ-A No.19737 of 2018 and other connected matters whereby, vide para-59, this Court directed the respondents concerned to carry on process of allotment of district to MRC candidates only. Para-59 of the aforesaid judgment and order is being reproduced here-in-below:-
"59. The respondent No.3 is directed to carry on process of allotment of district to MRC candidates only, treating them to be reserved category candidates only for the purposes of allotment of district of their preference. It is further directed that the MRC candidates who alleged that they have not been allotted district of their preference despite being MRC candidates, may file their applications before the respondent No.3 within a period of 3 months from today and the respondent No.3 is directed to consider and pass necessary order, as per law stated here-in-above within next 3 months."
As per Sri Ajay Kumar, this Court has issued direction on 29.08.2019 for all MRC candidates, therefore, that order was in-rem and whosoever has preferred their respective representations or approached the Authority Competent for getting the benefit of order dated 29.08.2019 within the time stipulated i.e. 3 months, those candidates shall be considered strictly in accordance with law but for those persons who have not approached the Court within the time stipulated in the order dated 29.08.2019, afresh exercise would not be possible and if the said exercise is carried out, it will disturb the entire exercise which have been carried out by the authorities in terms of order dated 29.08.2019.
Sri Ajay Kumar has further submitted that if the present petitioners have approached the authorities in terms of order dated 29.08.2019, their candidature shall be considered strictly in accordance with law and the decision thereof shall be intimated to them. Further, as per Sri Ajay Kumar, no such recital has been given in the writ petition that the petitioners have approached the Authority Competent in the light of the order dated 29.08.2019 passed by this Court at Allahabad.
On that, learned counsel for the petitioners, on the basis of instructions, has submitted that the present petitioners have approached the Authority Competent in terms of order dated 29.08.2019.
In view of the above, if the petitioners have approached the Authority Competent within the time stipulated in terms of order dated 29.08.2019, believing the submission of Sri Ajay Kumar that the required exercise has been carried out for those persons, the candidature of the present petitioners shall be considered and the outcome whereof shall be intimated to them but if they have not approached the Authority Competent, no such direction to take their fresh representations may be issued.
Besides, Sri Ajay Kumar has apprised the Court that challenging the order dated 29.08.2019 passed by this Court at Allahabad, the special appeal bearing Special Appeal No.274 of 2020 is pending consideration before the Division Bench of this Court at Allahabad and it is needless to say that outcome of the said appeal may affect the exercise being carried out by the authorities in terms of order dated 29.08.2019.
Accordingly, the writ petition is disposed of in view of the aforesaid terms.
Order Date :- 4.2.2021 Suresh/ [Rajesh Singh Chauhan,J.]