This court dismissed a writ petition seeking a direction to permit the petitioner to apply for and be considered in an Assistant Teacher Computer examination held in U.P. The relief was denied following a settled principle that cut-off dates for form submission cannot be extended.
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Court No. - 7
Case :- WRIT - A No. - 14570 of 2018
Petitioner :- Sadhana Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav,Sunil Kumar Yadav Counsel for Respondent :- C.S.C.,Avneesh Tripathi
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Yashpal Yadav, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Avneesh Tripathi, learned counsel for the respondent Nos. 2 and 3.
This writ petition has been filed praying for the following relief:
"i) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to permit the petitioner to apply the online application or advertisement being advertisement no.A-1/E/1/2018 dated 5.3.2018 for the post of Assistant Teacher (Trained Graduate Grade Men/Women branch) examination 2018 of Assistant Teacher Computer;
ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to consider the petitioner for final selection for the post of Assistant Teacher (Trained Graduate Grade Men/Women branch) examination 2018 of Assistant Teacher Computer."
The controversy is concluded by a judgment of this Court in Writ - A No.14140 of 2018 (Smt. Jyotsna Singh Vs. State Of U.P. And 3 Others) involving similar controversy has been dismissed by another bench by order dated 26.6.2018, which is reproduced below:
"Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri Awanish Tripathi, learned counsel appearing for the respondent no. 4 - U.P. Public Service Commission.
Learned counsel for the respondent - U.P. Public Service Commission submits that the controversy involved in the present writ petition is identical to one as in Writ A no. 14124 of 2018, Richa Singh and another Vs. State of U.P. and 2 others, which has been decided by judgment and order dated 25.6.2018, which is quoted as under:
"Heard learned counsel for the petitioner, Sri Avnish Tripathi, learned counsel for U.P. Public Service Commission, Allahabad and learned standing counsel for respondent no.1.
The submission of the learned counsel for the petitioners is that the petitioners are also entitled for the same relief as granted by this Court in Writ-A No.9614 of 2018, Divya Prakash Mishra and 32 others vs. State of U.P. and 3 others and Writ-A No.13597 of 2018 Vijay Kumar and 3 others vs. State of U.P. and 2 others, whereby as an interim measure. It was provided that the petitioners were permitted to apply for the post in question and their claim would not be nonsuited merely for the reason that they have become overage and their candidature, however, shall be subject to outcome of the present writ petition.
In the present case, as per the advertisement dated 15.3.2018, the last date of submission of the form was 16.4.2018. Learned counsel for the U.P. Public Service Commission fairly submitted that the last date was extended to 14.6.2018 in order to accommodate the candidates covered by the interim orders passed by this Court. Now that date has expired.
Law is settled that cut off date or the last date of submission of forms cannot be extended by this Court. The advertisement is dated 15.3.2018. The initial last date of submission of form was 16.4.2018 and extended last date was 14.6.2018. Interim orders in the above noted petitions were passed within the initial last date/extended last date. Under such circumstances, undisputedly, the petitioners have approached this Court after expiry of last date of submission of the forms. In view of the settled law, no relief can be granted to the petitioners.
The writ petition is devoid of merit and is, accordingly, dismissed."Learned counsel for the petitioner could not dispute the same.
In view of the aforesaid, this writ petition is also dismissed. No order as to costs."
Respectfully following the aforequoted order, this writ petition is also dismissed.
Order Date :- 12.7.2018 Ak/
1 issue framed by the court
Whether the petitioner is entitled to be permitted to apply for a post after the last date for submission of forms had expired.
Colour shows how this judgement treated each authority
Writ - A No.14140 of 2018 (Smt. Jyotsna Singh Vs. State Of U.P. And 3 Others)Referred¶9
Writ A no. 14124 of 2018, Richa Singh and another Vs. State of U.P. and 2 othersReferred¶11
Writ-A No.9614 of 2018, Divya Prakash Mishra and 32 others vs. State of U.P. and 3 othersReferred¶13
Writ-A No.13597 of 2018 Vijay Kumar and 3 others vs. State of U.P. and 2 othersReferred¶13
Sadhana Mishra
State Of U.P.
Respondent No. 2
Respondent No. 3
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
