The petitioner has approached this Court aggrieved by the denial of the opportunity by the respondent no.4 / Principal, District Institute of Education and Training, Maharajganj to participate in the third round of counseling for appointment on the post of Assistant Teacher held on 8th February, 2018. He claims that he appeared for counseling on 8.2.2018 but he was not permitted to participate in the counseling and therefore, on the same date he sent his credentials by registered post to the respondent no.4, Principal, District Institute of Education and Training, Maharajganj. In the writ petition counter affidavit has been filed, wherein there is no denial of the fact that the documents sent by the petitioner by registered post on 8.2.2018 were not received by the respondent no.4. Further a supplementary counter affidavit has been filed on behalf of the respondent no.3, District Basic Education Officer, Maharajganj stating that in the earlier round of counseling 25 posts of general candidates were left. The petitioner did not appeared in the earlier rounds of counseling. In the circular dated 13.12.2017, it has been provided that in case the eligible candidates for the post under reserved category are not available the same shall be filled by the candidates of general category. The respondent no.3 has further stated that there were only six available posts of general category and 12 candidates appeared for counseling. Petitioner failed to appear in the counseling. There is no denial of the fact that the petitioner never appeared in the third round of counselling. As per annexure SCA no.1 filed by the respondent no.2 along with his supplementary counter affidavit the cut off merit of the general candidate was 59.85. The petitioner claims to have obtained 67.54 quality point marks.
