Allahabad High Court
Sanjay Kumar Yadav And 69 Others vs State Of U.P. And 2 Others on 1 November, 2022
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 10384 of 2022 Petitioner :- Sanjay Kumar Yadav And 69 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshmi Kant Trigunait,Dev Kant Trigunait Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the petitioners, Sri Bhanu Pratap Singh, learned counsel representing respondent No.3 and learned Standing Counsel who has accepted notice on behalf of respondents No.1 & 2.
By means of the present writ petition, the petitioners are seeking issuance of a writ of mandamus commanding the respondent No.3-Secretary, U.P., Basic Shiksha Parishad at Prayagraj to revise the allocation of districts in the select list of Assistant Teachers and transfer the petitioners, who are stated to be the Assistant Teachers, as per their choice considering them as Meritorious Reserved Category candidates.
Learned counsel for the petitioners submits that for the said purpose the petitioners have already moved representations before the respondent No.3. He prays that the respondent No.3 may be directed to decide the pending representations of the petitioners.
Sri Bhanu Pratap Singh as well as learned Standing Counsel vehemently submits that the similar controversy, as raised in the present petition, has already gained attention of this Court in Writ- A No. 8949 of 2022 (Hina Islam vs. State Of U.P. And 2 Others) along with connected cases, which writ petition has been dismissed by this Court vide order dated 20.10.2022, observing as under:-
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11. I have heard learned counsels for the parties and perused the record.
12. The issue under consideration before this Court is with respect to allocation of the Districts to the candidates, who were selected as Assistant Teachers. The advertisement was issued way back in the year 2018 and the selection process was completed. The candidates, who were selected, have joined at their respective places of posting in the year 2018 itself. The Division Bench of this Court in Special Appeal No. 274 of 2020 decided on September 14, 2021 passed a consenting order. It was further observed that the candidates already selected/posted and working in the respective districts of any category shall not be disturbed.
13. The Special Appellate Bench in Special Appeal Defective No. 1048 of 2021 (O&M) Tiwari Manish and others versus State of U.P. and others and Special Appeal No. 274 of 2020 has further laid down that the things already which have already been settled, cannot be unsettled especially where there are large number of candidates still available, who have not challenged the order passed by the learned Single Judge. Any interference in the present appeals will open a floodgate and will not let the State to finalize the issue of allocation of districts to the selected candidates.
14. In view of the above, this Court is not inclined to interfere in the matter. The aforesaid bunch of writ petitions lack merit and are accordingly dismissed.
15. However, it is left open for the petitioner(s) to move a representation before the Secretary, U.P., Basic Shiksha Parishad, Shiksha Nedeshalaya at Prayagraj clearly setting out his/her/their claim.
16. In the eventuality of filing such a representation, it is expected that the Secretary, U.P., Basic Shiksha Parishad, Shiksha Nedeshalaya at Prayagraj shall consider and decide the representation for reallocation of district, in the end sessions of academic year so that the functioning of the institution may not be affected, in accordance with law."
In view of the above, the Court is not inclined to interfere in the matter. However, the present writ petition is disposed of, expecting the respondent No.3/ Secretary, Basic Shiksha Parishad, U.P. at Prayagraj, seized with the representations of the petitioners, to consider and decide the representations for reallocation of district, in accordance with law, at the end of the academic sessions so that the functioning of the institution may not be affected.
Order Date :- 1.11.2022 Vandana