Allahabad High Court
Deepak Pal vs State Of U.P. And 3 Others on 12 July, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 10029 of 2019 Petitioner :- Deepak Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jata Shankar Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today is taken on record.
Learned counsel for the petitioner is permitted to implead District Basic Education Officer, Sonbhadra as counsel for the respondent no. 5.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1, 2 and 4 and Sri A.K. Yadav, learned counsel for the respondent no. 3 and Sri S.K. Verma, learned counsel for newly impleaded respondent no. 5.
At the very outset, Sri A.K. Yadav, learned counsel for the respondent no. 3 submitted that so far as first prayer of the petitioner is concerned, that has become infructuous as this Court has declared the same as ultra vires in Writ-A No. 4714 of 2019, which is not disputed by learned counsel for the petitioner.
Learned counsel for the petitioner submitted that Government of U.P. published an advertisement for appointment of Assistant Teacher in Primary School on 9.1.2018 alongwith detailed minimum qualification. The petitioner was duly qualified and appeared in the examination and declared successful. He further submitted that petitioner is resident of Delhi outside the U.P., therefore, his candidature was not considered for appointment in primary school and the very same dispute was challenged before this Court in Writ-A No. 4714 of 2019 alongwith connected matters and decided vide order dated 8.5.2019 with direction to fill up the vacant posts by permitting all those candidates who were not residents of the State of U.P. and who had qualified the written examination for further consideration for appointment as Assistant Teachers. Alongwith supplementary affidavit, he has also filed Government Order dated 7.6.2019 issued for compliance of order of this Court dated 8.5.2019. He next submitted that the petitioner approached the newly impleaded respondent no. 5-District Basic Education Officer, Sonbhadra, but his case has not been considered on the ground that he is not party in the writ petition in which aforesaid order has been passed by this Court.
Sri S.K. Verma, learned counsel for the newly impleaded respondent no. 5 submitted that the petitioner may approach the newly impleaded respondent no. 5 and the case of the petitioner shall be considered expeditiously in accordance with order of this Court dated 8.5.2019 Writ-A No. 4714 of 2019 and Government Order dated 7.6.2019.
Considering the facts and circumstances of the case, this petition is disposed of directing the petitioner to approach the newly impleaded respondent no. 5 by filing an application alongwith certified copy of this order. In case any such application alongwith certified copy of this order is filed by petitioner, the respondent no. 5 shall consider the case of the petitioner in accordance with order dated 8.5.2019 passed in Writ-A No. 4714 of 2019 as well as Government Order dated 7.6.2019 alongwith similarly situated persons. If in the opinion of respondent no. 5 the case of the petitioner is not covered with the judgment of this Court as well as Government Order dated 7.6.2019, he shall pass a reasoned order within three weeks from the date of filing of the application by petitioner alongwith certified copy of this order.
It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 5 to pass order after considering the facts, order of this Court and Government Order occupying the field.
Order Date :- 12.7.2019 Rmk.