Allahabad High Court
Prachi Sharma And Another vs State Of U.P. And 3 Others on 27 November, 2019
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - A No. - 16627 of 2019 Petitioner :- Prachi Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Balwant Singh Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan Hon'ble Saral Srivastava,J.
Heard Sri Balwant Singh, learned counsel for the petitioners and Sri R.B. Pradhan, learned counsel for Respondent Nos. 3 and 4 and learned Standing Counsel for Respondent Nos. 1 and 2.
The petitioner being fully eligible for being appointed on the post of Assistant Teacher in Primary School, Ghazipur, applied for selection pursuant to the Government Order/Notification dated 9.1.2018 issued by State Government against 68500 posts. The petitioners appeared in the written examination and after qualifying the written examination, they appeared for counselling. As per merit, the petitioners were allotted district Ghazipur. According to the petitioners they were found fully eligible to be appointed as Assistant Teachers and the original documents of the petitioners have been deposited by the respondent authorities. However, the respondent authority has not issued appointment letter to the petitioners. In the aforesaid backdrop the petitioners have preferred the present writ petition praying for the following relief:
"(i) issue a writ, order or direction in the nature of mandamus commanding the Respondent No.4 to issue appointment letter in favour of the petitioner for the Post of Assistant Teacher in Primary School in District Ghazipur against the 41556 vacant post.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 4 to take an appropriate decision on the representation dated 22.7.2019 of the petitioners (Annexure No.9 to the writ petition) within a stipulated period."
Learned counsel for the petitioners contended that as per the information obtained by the petitioners, the appointment letters have not been issued by the authority on the ground that the petitioners have completed their diploma in Elementary Education before completing graduation.
Learned counsel for the petitioners has placed reliance on the judgment of this Court passed in Writ A No. 23691 of 2018 on 17.4.2019 wherein the similar objection taken by the Respondent was rejected. The operative portion of the said judgment is quoted hereinbelow:
"Be that as it may and since respondents have failed to establish on merits that the petitioners could not have pursued the Diploma course prior to completion of their graduation, the Court finds itself unable to sustain the act of the respondents.
The petition is consequently allowed. The respondents are commanded to process the candidature of the petitioners consequently."
In the aforesaid back drop, this Court directed the counsel for the Respondent No.3 to seek instruction in the matter. On instruction, which is taken on record, he states that since the petitioners have completed their Diploma in Elementary Education prior to completion of graduation, therefore, they are not eligible to be selected on the post of Assistant Teacher.
Be that as it may, the objection which has been taken by the respondent that the petitioners have completed Diploma in Elementary Education before completing the graduation has been rejected by this Court in Writ A No. 23691 of 2018, thus, the said objection is not sustainable.
Consequently, writ petition is allowed and Respondent No.3 is directed process the candidature of the petitioners within a period of one month from the date of production of a certified copy of this order.
Order Date :- 27.11.2019 Manish Tripathi