The High Court dismissed a writ petition by an education applicant who failed to secure minimum marks in five opted districts. The court held that an applicant cannot modify his application off-line to include other districts post-facto.
Petitioner's application was dismissed with liberty to apply afresh in future.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- WRIT - A No. - 26470 of 2018
Petitioner :- Ajay Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner has been an applicant against an advertisement issued by the respondents for holding recruitment drive in respect of vacant positions to the tune of 68,000 for the post of Assistant Teacher in Junior Basic Schools. The petitioner in his application has opted five districts, namely, Ghaziabad, Gautam Buddh Nagar, Baghpat, Hapur and Meerut but in none of the districts he could secure the minimum cut of marks to get himself eligible for selection and final appointment. Now, the petitioner says that since the vacancies do exists and have remained unfilled, his candidature may be considered.
In the opinion of the Court, the petitioner being an applicant cannot be permitted to travel beyond for what he had applied. He had adopted only for five districts but nothing restrained him to opt for any other districts at the time of moving or submitting his application but if he has applied on his volition only five districts referred to hereinabove, he cannot now be permitted to modify his application off line. He shall always have liberty to apply afresh as and when the vacancies are advertised in future but at the moment no relief can be granted.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 14.12.2018 Atmesh
1 issue framed by the court
Whether an education applicant who applied for recruitment to five specific districts can seek modification of his application to include other districts to fill remaining vacancies?
Ajay Kumar Sharma
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
