Petitioners sought quashing of an order and direction to complete Assistant Teacher recruitment based on revised pass marks norms. The court dismissed the writ petition as the petitioners had agreed to withdraw the plea during arguments.
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Court No. - 5
Case :- WRIT - A No. - 18208 of 2019
Petitioner :- Sanjay Dwivedi And 17 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Sanjay Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioners and Sri Girish Vishwakarma, learned standing counsel for the State respondents.
This writ petition has been filed praying for the following reliefs:-
"i) a writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 20.2.2019 passed by respondent no. 1 contained in Annexure No. 1 to this writ petition.
ii) a writ order or direction in the nature of mandamus commanding the respondents shall consider the grievances of the petitioners as per outcome of the writ petition (S/S) No. 6000 of 2019 (Alok Kumar & another Vs. State of U.P. through Special Secretary Basic Education & others).
iii) a writ order or direction in the nature of mandamus directing the respondents to re-evaluate the result of the petitioners and also declare to the petitioners qualified as per view of the passing marks as fixed by the Vishesh Sachive Uttar Pradesh Shasan Lucknow vide Government Order dated 21.5.2018 as 33% for general category candidates & 30% for reserve category as decided and also select and appoint to the petitioners at the post of Assistant Teacher with all consequential benefits as permissible under law against remaining vacant post in pursuant to Assistant Teacher Recruitment Examination-2018."
It appears that selection process for recruitment on 68500 posts of Assistant Teacher has started in terms of the Government Order dated 9.1.2018. Subsequently, a Government Order dated 21.5.2018 was issued to change certain norms which was challenged in Service Single No. 20404 of 2018 (Diwakar Singh Vs. State of U.P. through Special Secretary, Basic Education & others) in which an interim order dated 24.7.2018 was passed on the principle that rule of the game cannot be changed after start of selection process.
It is informed that subsequently the State Government decided to follow the notification dated 9.1.2018 and did not press the norms changed by Government Order dated 21.5.2018, and
therefore, the aforesaid writ petition was disposed of. Now the petitioners want that the selection process should be completed giving effect to the changes made by Government Order dated 21.5.2018.
After the arguments were heard at some length, learned counsel for the petitioners states that the petitioners want to withdraw this writ petition. Therefore, the writ petition is dismissed accordingly.
Order Date :- 25.11.2019 Arif
Sanjay Dwivedi
17 Others
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
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