The High Court dismissed a petition seeking appointment as Clerk and quashing of an order rejecting the petitioner's candidature. The court held the petition was not maintainable due to lack of essential factual pleadings regarding the educational institution's recognition and legal status.
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Court No. - 43 Reserved
Case :- WRIT - A No. - 30779 of 2017
Petitioner :- Ramesh Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Kumar Pandey,Neelabh Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner has instituted this writ petition for the following reliefs :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to quash the impugned order dated 14.5.2017 passed by the respondent authorities.
(ii) Issue a writ, order or direction in the nature of mandamus directing to the Respondents to appoint the petitioner as Clerk in pursuance of the advertisement dated 12.5.2017 published in daily news paper Hindustan.
v. To award the cost of the writ petition in favour of the petitioner."
Maharshi Bhardwaj Shiksha Samiti is a minority institution and it appears, that it is affiliated with B.P.S.T. (Bhartiya Pariksha Sanchalan Trust). It is averred in the writ petition that the third respondent, Secretary, Maharshi Bhardwaj Shiksha Samiti, Chinaur, districtShahjahanpur issued an advertisement dated 12.5.2017 calling applications for the appointment on the post of Clerk (Class-III) in daily news paper "Hindustan". The petitioner submitted an application pursuant to the said advertisement. His grievance is that one Diwakar Mishra has been selected and the petitioner's candidature has been rejected on the ground that requisite documents have not been submitted by him in respect of the recognition of the institution from where he has passed his standard Xth and standard XIIth examinations. The learned Standing Counsel has pointed out that the petitioner has not impleaded any educational authority and there is no averment in the writ petition regarding status of the institution as it is not pleaded in the writ petition that the institution is recognised by any statutory authority. It is also not mentioned that whether the institution receives any grant from the State Government or not. He further submitted that the writ petition itself is not maintainable in absence of the aforesaid pleading and on the ground of non-joinder of the necessary parties.
Learned counsel for the petitioner could not satisfy the Court on the above grounds raised by learned Standing Counsel.
From the perusal of the relief clause itself, it is evident that the writ petition is not maintainable as the petitioner has sought a writ of mandamus to quash the impugned order dated 14.5.2017.
Since the petitioner has not pleaded the basic facts, the issue raised therein can not be adjudicated and the writ petition is not maintainable.
In view of the above, the writ petition is dismissed with liberty to the petitioner to file a better petition.
Order Date :- 2.2.2018 Faridul
3 issues framed by the court
Whether the writ petition seeking appointment as Clerk is maintainable absent fundamental factual averments regarding the institution's recognition and grant status.
Whether the petitioner can seek mandamus for quashing an order selecting another candidate on grounds not raised in the petition.
Whether non-joinder of necessary parties renders the petition non-maintainable.
Ramesh Shukla
State Of U.P.
Maharshi Bhardwaj Shiksha Samiti
Secretary, Maharshi Bhardwaj Shiksha Samiti
Pradeep Kumar Singh Baghel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
