Court No. - 33
Case :- WRIT - A No. - 8768 of 2021 Petitioner :- Vinod Kumar Yadav Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner submits that for the reasons beyond his control (as he was incarcerated in jail due to his implication in a criminal case) he could not appear for counseling. The petitioner has since been enlarged on bail on 19.02.2021 but he is not being permitted to appear for the counseling thereafter. Learned counsel for the petitioner places reliance upon an order passed by this Court in Writ Petition No.5384 of 2021 (Dharmendra Kumar Patel Vs. State of U.P. and others) to submit that petitioner's claim for appointment is liable to be considered as per law.
Taking note of such contention this Court passed following orders in the matter on 27.08.2021:-
"Learned counsel for the respondent prays for and is allowed 10 days time to obtain instructions in the matter, as to whether any vacancy still remains against the advertisement in question in the district or not?
Post as fresh, once again, on 10.9.2021."
Sri Mrigraj Singh, learned counsel appearing for District Basic Education Officer has obtained written instructions from the District Basic Education Officer, Jaunpur as per which petitioner has applied in the OBC category and that all vacancies in the district in OBC category has already been filled and that no vacancy now survives.
In view of the fact that no vacancy exists as such no direction can now be issued for considering petitioner's claim.
Dismissal of this petition, however, will not preclude the petitioner in approaching the authorities in the event any vacancy still remains unfilled. No liberty, however, is given to the petitioner to approach this Court again in respect of the present cause.
Order Date :- 25.10.2021 Abhishek Singh