Court No. - 28
Case :- WRIT - A No. - 5643 of 2018 Petitioner :- Vinay Kumar Pandey Respondent :- State Of U.P. And Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Anil Kumar Singh Bishen Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner, Sri Mohd. Shere Ali, learned counsel representing nos.2 and 3 and learned Standing Counsel for the State-respondent.
The petitioner has approached this Court aggrieved by the denial of the opportunity by the respondent no.4 / Principal, District Institute of Education and Training, Maharajganj to participate in the third round of counseling for appointment on the post of Assistant Teacher held on 8th February, 2018. He claims that he appeared for counseling on 8.2.2018 but he was not permitted to participate in the counseling and therefore, on the same date he sent his credentials by registered post to the respondent no.4, Principal, District Institute of Education and Training, Maharajganj. In the writ petition counter affidavit has been filed, wherein there is no denial of the fact that the documents sent by the petitioner by registered post on 8.2.2018 were not received by the respondent no.4. Further a supplementary counter affidavit has been filed on behalf of the respondent no.3, District Basic Education Officer, Maharajganj stating that in the earlier round of counseling 25 posts of general candidates were left. The petitioner did not appeared in the earlier rounds of counseling. In the circular dated 13.12.2017, it has been provided that in case the eligible candidates for the post under reserved category are not available the same shall be filled by the candidates of general category. The respondent no.3 has further stated that there were only six available posts of general category and 12 candidates appeared for counseling. Petitioner failed to appear in the counseling. There is no denial of the fact that the petitioner never appeared in the third round of counselling. As per annexure SCA no.1 filed by the respondent no.2 along with his supplementary counter affidavit the cut off merit of the general candidate was 59.85. The petitioner claims to have obtained 67.54 quality point marks.
Since there is no clear averment in the counter affidavit and supplementary counter affidavit filed on behalf of the respondent nos. 3 and 4 that the petitioner was afforded any opportunity of appearing in the third round of counseling, this writ petition is disposed of directing the respondent no.4 / Principal, District Institute of Education and Training, Maharajganj to consider the claim of the petitioner on the basis of material brought before him in support of his claim and pass a reasoned order within a period of three weeks from the date of presentation of this order.
Writ petition stands disposed of.
Order Date :- 28.3.2018 SS