Allahabad High Court
Akhileshwar Kumar And 38 Others vs State Of U.P. And 2 Others on 6 August, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 1) Case :- WRIT - A No. - 9532 of 2021 Petitioner :- Akhileshwar Kumar and 38 others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.,Anil Kumar Singh Connected with 2) Case :- WRIT - A No. - 9584 of 2021 Petitioner :- Dr. Nisha Rawat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.,Aakash Rai 3) Case :- WRIT - A No. - 9590 of 2021 Petitioner :- Krishna Kumar Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Capt Seema Singh,Vinay Kumar Singh Counsel for Respondent :- C.S.C.,Anil Kumar Singh 4) Case :- WRIT - A No. - 9436 of 2021 Petitioner :- Shailendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
1. Heard Shri R.K. Ojha, learned Senior Advocate assisted by S/Shri Shivendu Ojha, Arvind Kumar Tiwari, Krishna Kumar Singh and Capt. Seema Singh for the petitioners; Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents and Shri Anil Kumar Singh, learned counsel for U.P. Secondary Education Service Selection Board, Prayagraj.
2. Since these writ petitions involve similar questions of law and fact, as such they have been heard together and are being disposed of by this common judgment.
3. For the sake of convenience, the facts of Writ A No.9532 of 2021 filed by Akhileshwar Kumar and 38 others are being noted below:-
4. The petitioners are before this Court with the following prayer:-
"(a) A writ, order or direction in the nature of mandamus commanding the respondent no.3 to accept application forms of the petitioners which were duly filled up and submitted in pursuance of the Advertisement No.01/2020 issued by the U.P. Secondary Education Service Selection Board, Prayagraj itself by ignoring the defect, if any, occurred in filling the application forms because of the fault of Board itself in second time which the petitioners have duly filled up within the time in pursuance of the advertisement no.01/2021.
(b) A writ, order or direction in the nature of mandamus commanding the respondents to issue admit cards and permit the petitioners to appear in the examination of TGT which is proposed to be held on 7-8th August, 2021.
(c) A writ, order or direction in the nature of mandamus commanding the respondents to declare the result of the petitioners in accordance with law and also pass other consequential order as admissible under law.
(d) Any other writ, order or direction which this Hon'ble Court may deem, fit and proper in view of the facts and circumstances of the case.
(c) And award cost of the petition in favour of the petitioners.".
5. Shri R.K. Ojha, learned Senior Advocate appearing for the petitioners submits that the U.P. Secondary Education Service Selection Board, Prayagraj (in brevity, the Board) published an Advertisement No.01/2020 inviting applications for filling up the posts of L.T. Grade Teacher (TGT) in different subjects. In pursuance of the aforesaid advertisement, the petitioners also applied through online and deposited the prescribed requisite fees (Rs.750/- for general, Rs.450/- for OBC and Rs.250/- for SC/ST candidates) for appointment on the post of TGT. Thereafter, the Board by its order dated 18.11.2020 had cancelled the aforesaid advertisement and issued fresh Advertisement No.01/2021. In pursuance thereof, all the petitioners have duly filled up their application forms through online.
6. Learned Senior Counsel further submits that paragraph-2 of the advertisement contains three stages for filling up the application forms. In the first stage, the applicants have to click for filling the application forms, thereafter they have to click on the earlier registration number and when the registration number is given, then earlier application forms of the petitioners would display on the computer screen. After coming on the earlier application forms, all the details of duly filled up by the petitioners was displayed on the computer screen. Thereafter, the petitioners have clicked 're-submit column' and they have been given receipts on the date when they have filled up the second application forms. The examination is scheduled to be held on 7th and 8th August, 2021. In this regard, a notification was issued by the Board on 26.7.2021, wherein, it has been stated that admit cards of the applicants, who have applied, are already uploaded on the website of the Board and the applicants are required to take same from the website as they have to appear in the examination scheduled to be held on 7th and 8th August, 2021. It is submitted that when the petitioners tried to download the admit cards from the website, then following remarks come:- "Sorry!! Examination has not scheduled, when it scheduled then only you can download admit card/hall ticket.". The petitioners are fully qualified and their application forms have been accepted by the Board. On account of fault on the part of the Board the petitioners may not be deprived from their rights to appear in the examination scheduled to be held on 7th and 8th August, 2021 and as such, this Court should come for rescue and reprieve the petitioners.
7. Per contra, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents and Shri Anil Kumar Singh, learned counsel for the Board have vehemently opposed the writ petitions. Shri Anil Kumar Singh has placed detailed instructions dated 5.8.2021 sent by the Under Secretary, U.P. Secondary Education Service Selection Board, Prayagraj, wherein it has been categorically averred in paragraph-4 that all the petitioners applied in pursuance of the Advertisement Nos.01/2020 and 02/2020 and the same were cancelled by the Board by its order dated 18.11.2020 on account of discrepancies. Thereafter, Advertisement No.01/2021 for Trained Graduate and Advertisement No.02/21 for Lecturer were issued on 15.3.2021 inviting fresh applications through online. In the fresh advertisements, it was clearly directed that the applicants, who have already applied in pursuance of earlier advertisements, would also apply but the again fee is not required to be deposited by them. The petitioners have not carefully perused the notice of subsequent advertisement and in pursuance of the advertisement issued in the year 2021 while applying as per their qualification through online, they have not finally submitted their application form. The written examination of all the applicants, who have finally submitted their applications through online in pursuance of the advertisement issued in the year 2021, is scheduled to be conducted by the Board on 7th and 8th August, 2021 for which admit cards have been issued to them.
8. Shri Anil Kumar Singh, learned counsel for the Board has also placed on record both the printed Application Forms as an exemplar of one candidate namely Shivani Tiwari. He submits that in response of the Advertisement/Notification No.01/2020 she applied and was accorded Application ID: UP0020091771003000576 and the application form was submitted on 08.11.2020 at 05.25.07 PM. Subsequently in response of the Advertisement No.01/2021 she has also applied and her registration number is UP00210040253554. In the bank transaction details, she has provided her previous details in the column of fee with Transaction ID and mentioned fee of Rs.450/- and submission of date was on 29.3.2021 at 06.59.04 PM. In declaration she made an endorsement that she accepted the above declaration as "Yes", as such there was no discrepancy or glitch in the online submission of an application form. In support of his submission, he has also placed reliance on the order passed by the Apex Court dated 28.6.2021 passed in Miscellaneous Application No.818/2021 in C.A. No.8300/2016 (Sanjay Singh and ors vs. State of Uttar Pradesh and ors), wherein the Apex Court has accorded as last opportunity to the respondents to comply with the directions on or before 31.10.2021, failing which they will have to face the consequences of non-compliance of the order and the matter is posted on 09.11.2021. He submits that in response of the aforesaid order, the entire process is to be completed on or before the date fixed by Hon'ble Supreme Court. He has also placed reliance on Paragraph-2 (1) of the Advertisement No.01/2021, which is appended as Annexure No.3 to the writ petition. He submits that the Board has accorded relaxation of fees only to the candidates, who have already applied in response of the earlier Advertisement No.01/2020, and all the candidates were again required to submit their application forms through online. Relevant para-2 (1) of the Advertisement No.01/2021 is quoted herein below:-
"2 (I) ????? ??? (???????? ???????????)-
?????? ?? ????? ???? ?? ???????? ?????? ?? ???????? ????????? ???? ??? ????????? ???? ?? ???????, ??-?????, ??????? ?????? ???, ???? ?? ?????? ??? ???? ?????? ?? ???? ????????? ????? ???? ?? ?????? ??????????? (?Registration) ?? ????? ???? ?? ??????????? ???? ?????????? ??????? ? ???????? ?????? ?? ???? ???? ????? ?? ????? ????????? ????? ???????? ????????? ?? ???????? ?????? ???? ?? ??????? ???????? ?????? ????? ?? ??????? ???????? (?I Accept?) ?????? ?? ??????? ???? ??????? ???????? ?? ?????? ???????? ?????? ???? ??? ?????, ????????? ?????? ???? 2020 ?? ?????? ???? ??? ???????? ??? ????? ??? ???? ??????? ????? ?????? ?? ????? ?????? ???? ????? ??? ???????? ?????? ???? ???????? ??? ????? ???? ??? ?? ?? (????? ?????? ??????? ?????? ?? ????????? ???? ????) ??? ????/?? ?? ??????? ???? ????? ???? ????? ??? ??? ?? ??? ?? ???? ??, ?????? ?? ??? ??? ??? ????? ?? ???? ??? ?????????? ???????? ??????????? ????? (? Candidate Registration Form?) ????????? ?????".
9. Heard rival submissions and perused the record.
10. Once the advertisement in question is unambiguous and in view of the categorical clause 2 (1) of the said advertisement, the Court is of the considered opinion that each and every candidate had to apply in response of the subsequent Advertisement No.01/2021. In case the applicant is inclined to avail fee waiver/relaxation then the previous registration number was to be given so that it may be ascertained by the Board. Nowhere it provides that the candidates need not apply in response of the Advertisement No.01/2021.
11. It is absolutely false on the face of record that the candidate, who has applied earlier, he/she would not require to fill up the subsequent form in response of the Advertisement No.01/2021. Similarly situated other candidates, who had earlier applied and deposited their fees, availed the waiver of fees only and again applied online in the subsequent advertisement and only thereafter, their applications have been processed, whereas, the petitioners admittedly have not even filled up their application forms in response to the subsequent advertisement.
12. It is evident that in subsequent Advertisement No.01/2021,it was provided that the candidates, who had applied earlier against the Advertisement No.01/2020, were required to apply again with only rider that they were not liable to pay fees. Even though all the petitioners applied in pursuance of the earlier Advertisement No.01/2020 and deposited their fee but admittedly, they have not applied in pursuance of subsequent advertisement and consequently, their applications have not been accepted by the Board on account of their lapses. In my opinion, it is too well settled to need any further reiteration that all appointments made by the Board have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the advertisement. Consequently, when a particular condition is mentioned in an advertisement, the same has to be scrupulously maintained. There can not be any relaxation in the terms and conditions of the advertisement.
13. Once the process is on and the written examination is scheduled to be held tomorrow, considering the facts and circumstances and the mandate of the Apex court at this stage this Court is not inclined to interfere in the ongoing selection process. The challenge to the said process is, accordingly, rejected.
14. For the aforesaid reasons, all the writ petitions are dismissed.
15. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
16. The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.8.2021 RKP