Shri Ashok Khare, Senior Advocate on the basis of averments contained in the supplementary affidavit further makes submission that on account of imposition of Model Code of Conduct for holding assembly elections in the State of UP on 4.1.2017, all selection proceeding in the State was stopped and after formation of the new Government in the State of UP, the Secretary, U.P. Basic Education Board, Allahabad vide order dated 23.3.2017 had stopped all appointment procedure till further orders. No doubt, the aforesaid order dated 23.3.2017 was subjected to challenge by the aggrieved candidates by preferring Writ Petition No.27870 of 2017 (Neeraj Kumar Pandey and another vs. State f UP and e others). The said writ petition was allowed by this Court on 3.11.2017 and the order dated 23.3.2017 was set aside. The Secretary of the Board was directed to complete the process of selection against the remaining vacant posts within two months strictly in terms of earlier circulars dated 16.6.2016, 19.9.2016, 15.12.2016 and 30.12.2016. Consequently, the Secretary, U.P. Basic Education Board, Allahabad vide circular dated 13.12.2017 had asked all the District Basic Education Officers of the State of UP for filling up the vacancies under horizontal reservation and remained vacant due to non-availability of suitable candidates of the aforesaid quota/category. It is sought to be contended that at no point of time the petitioner was at fault and due to aforesaid facts and circumstances, he could not join and at this stage, the rightful claim of the petitioner cannot be negated in arbitrary manner. Once the order of the Secretary of the Board dated 23.3.2017, whereby all appointment procedure was stopped till further orders, was set aside by this Court only on 3.11.2017 in Writ A No.27870 of 2017, then the petitioner was not at fault and this Court should come for rescue and reprieve to the petitioner.
