An appeal against an order regarding selection for an Assistant Teacher post. The court dismissed the appeal, noting the appellant secured marks below the cut-off after participating in the selection for three vacancies, and that challenges to vacancy numbers should have been raised earlier.
Appeal dismissed as bereft of merit and barred by limitation.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 782 of 2018
Appellant :- Gopal Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- Seemant Singh Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 9 days, ignoring the same we have examined merits of the case.
This appeal is before us to examine correctness of the order dated 30th August, 2018 passed by learned Single Bench in Writ A-No.18483 of 2018.
The argument advanced by learned counsel appearing on behalf of the appellant is that as a matter of fact four vacancies were available with the respondents but the process of selection was initiated only against three vacancies. If the process would have been initiated for four vacancies, the appellant-petitioner would have been selected for appointment to the post of Assistant Teacher in the primary school run by the Uttar Pradesh Basic Siksha Parishad.
We do not find any reason to interfere with the order passed by learned single Bench.
It is not in dispute that the appellant-petitioner participated in the process of selection and he secured 61.24 merit marks, whereas the cut of mark settled were 64.12. The appellantpetitioner if had any grievance with regard to determination of number of vacancies, then he should have agitated his cause immediately after notification of vacancies and not subsequent to participation in the process of selection.
In view of whatever stated above, the appeal is bereft of merit, hence dismissed.
Order Date :- 22.10.2018 Bhaskar
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the Commissionerate Education Department was liable to initiate selection process for four vacancies instead of three.
Gopal
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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