The High Court dismissed a writ petition filed by a petitioner requesting selection as a Social Science Teacher. The court rejected the plea, noting the petitioner filed the application after the deadline and failed to substantiate claims of prior long-term employment or regular appointment.
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Court No. - 7
Case :- WRIT - A No. - 14510 of 2018
Petitioner :- Neel Kumar Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.K. Tripathi Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and learned counsel for respondent No.2.
This writ petition has been filed praying for the following relief:
"A) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to select the petitioner on the post of Social Science Teacher in the Institution in pursuance to the news item published in daily news paper Swatantra Bharat dated 20.06.2018 (Annexure No.4) to this writ petition."
As per copy of advertisement filed as Annexure No.4 to the writ petition the last date for submission of application form was 04.07.2018 and the last date for interview was fixed as 08.07.2018. The affidavit accompanying the present writ petition was sworn on 01.07.2018 and it was presented before the OSD Computer on 04.07.2018, i.e., much after the last date for submission of application form.
The petitioner has alleged that he is teaching Commerce, Civics and English subjects in the institution in question from 16.08.1997. However, neither appointment letter has been filed along with writ petition nor there is any disclosure of facts that who appointed the petitioner and in what manner.
Under the circumstances, I do not find any good reason to interfere with the impugned advertisement.
Consequently, the writ petition is dismissed.
Order Date :- 11.7.2018 Nitin Verma
3 issues framed by the court
Whether the High Court should issue a writ of mandamus directing the respondents to select the petitioner as a Social Science Teacher despite late application submission.
Whether the petitioner's alleged long-term teaching tenure justifies judicial interference with the selection process.
Whether the petitioner satisfied the burden of proving regular appointment and facts of service.
Neel Kumar Shukla
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
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