The High Court dismissed a writ petition seeking permission to apply for the Assistant Teacher Recruitment Examination 2018 offline or without Aadhar Card. The Court found the petitioner negligent in not obtaining the Aadhar Card despite applying earlier, holding no relief could be granted once the selection process was underway.
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Court No. - 18
Case :- WRIT - A No. - 4413 of 2018
Petitioner :- Tanu Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra,Raghavendra Sharan Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Raghvendra Sharan Tiwari, learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondents and Shri A.K. Yadav, learned counsel for second respondent.
Petitioner is before this Court with the request to command the respondents to allow the ptitioner to fill up the form through offline/manual mode with regard to advertisement dated 09.01.2018. Further prayer has been made to command the respondents to allow the petitioner to use other I.D. in place of Aadhar Card.
Learned Counsel for the petitioner apprised to the Court that petitioner is one of the aspirant for 'Assistant Teacher Recruitment Examination 2018', which was advertised vide advertisement no.32/15-112018 dated 09.01.2018 but on account of non-furnishing of Aadhar Card, the online application of petitioner is not being accepted and as such, the petitioner is before this Court with the aforementioned prayer.
On the matter being taken up today, in the morning session, Shri Vivek Rai, learned Additional Chief Standing Counsel was asked to seek instructions in the matter from the Secretary, Department of Basic Education, U.P. at Lucknow as to under what circumstance, the candidate, who does not posses the Aadhar Card, cannot apply
pursuant to the said advertisement.
When the matter is taken up after midday recess, on the basis of instructions that have been so received, Shri Vivek Rai, learned Additional Chief Standing Counsel apprised to the Court that in pursuance to the scheme of examination, any incumbent can apply only through online application and the software in this regard has been developed by the NIC, wherein Aadhar is mandatory for applying on the said post and relevant Government Orders have also been issued in this regard and in absence of Aadhar Card, the application cannot be submitted and at this stage, no change can be made in the software and as such, this Court should not at all entertain in the matter.
In this backdrop, the Court has proceeded to peruse the record in question and finds that petitioner has applied for Aadhar Card way back in the year 2016. Even though some enrollment number has also been issued to him way back in the year 2016 but at no point of time, Aadhar has been issued in her favour. It also appears that at no point of time petitioner had been sincere for issuance of Aadhar Card whereas the Aadhar is being issued all over the country even to the infants also.
Once petitioner has been so negligent to obtain Aadhar even after applying for the same and the scheme of selection for the Assistant Teacher Recruitment Examination 2018, does provide online application through Aadhar, then at this stage, when the process of selection is on, no relief can be accorded to the petitioner.
Writ Petition is accordingly dismissed .
Order Date :- 5.2.2018 A. Pandey
2 issues framed by the court
Whether the petitioner can be allowed to apply for the Assistant Teacher Recruitment Examination through offline mode or using alternative ID other than Aadhar Card.
Whether the petitioner's negligence in obtaining the Aadhar Card entitles them to grant of relief in the ongoing selection process.
Tanu Chauhan
State Of U.P.
Mahesh Chandra Tripathi
As recorded by the court registry
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