Petition for mandatory direction to appoint petitioner on specific post was dismissed. Court held no cause of action as no posting order had been passed. Lies within competent authority's domain.
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Court No. - 7
Case :- WRIT - A No. - 14269 of 2018
Petitioner :- Smt. Nidhi Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri P.D. Tripathi, learned counsel for the respondent Nos.2, 3 and 4.
This writ petition has been filed praying for the following relief:
"(i) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.3 to appoint the Petitioner on the post of Assistant Teacher in Primary School, Ahirauli Bazar (English Medium), Block Sukrauli, District Kushinagar in pursuance to the advertisement dated 09.02.2018 issued by Respondent No.3.
(ii) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) award the cost of petition in favour of the petitioner."
The petitioner is an Assistant Teacher in Primary School- "Lohepar, Mall Tola, Block Moti Chak, District Kushinagar". In terms of circular dated 28.03.2018 issued by the Secretary U.P. Basic Education Board Allahabad, she gave an option for her posting in an English Medium Primary School.
Grievance of the petitioner is that although she has been selected for being appointed in an English Medium Primary School but posting has not been made so far. She wants that she should be posted in Primary School - "Ahirauli Bazar, Block Sukrauli, District Kushinagar".
The relief as sought by the petitioner cannot be granted at this stage. It is for the competent authority to take decision for the posting of the petitioner in accordance with law. No cause of action arose to the petitioner to file the present writ petition inasmuch as the order of posting of the petitioner has not been passed so far.
In view of the aforesaid, the writ petition is dismissed at this stage.
Order Date :- 5.7.2018 NLY
1 issue framed by the court
Whether a writ of mandamus to mandate the appointment or posting of a petitioner on a specific post when no order for posting has been passed is maintainable.
Smt. Nidhi Singh
State Of U.P.
3 Others
Surya Prakash Kesarwani
As recorded by the court registry
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