Petitioners challenged the conduct of Assistant Teacher Recruitment Examination-2019 without notified minimum qualifying marks. The court dismissed the writ petition as not pressed after a Government Order fixed the marks.
Writ petition dismissed as not pressed by the petitioners after relief was granted by Government Order.
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Court No. - 18
Case :- WRIT - A No. - 27461 of 2018
Petitioner :- Anup Singh And 23 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha, Sr. Advocate
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Prakash Padia,J.
Heard Sri Radha Kant Ojha, Senior Advocate assisted by Sri Shivendu Ojha, Advocate on behalf of the petitioners, Sri R.P. Dubey, learned Additional Chief Standing Counsel has put his appearance on behalf of respondent nos. 1 and 3. Sri A.K. Yadav, Advocate has put his appearance on behalf of respondent no. 2.
The petitioners have preferred the present writ petition with the following prayers:
"(a) A writ order or direction in the nature of Mandamus commanding the Respondents not to conduct Assistant Teacher Recruitment Examination2019 on 6.1.2019 in pursuance of the Advertisement dated 5.12.2018 issued by the Respondent no. 3, unless an until, case of the Petitioners Nos. 1 to 16 and Petitioner nos. 18 to 24 with respect to the earlier Assistant Teacher Recruitment Examination-2018 conducted in pursuance of the earlier advertisement for 68500 vacancies of the Assistant Teacher, is decided by the Competent Authority.
(b) A writ order or direction in the nature of Mandamus commanding the Respondents to fix minimum qualifying marks as per provisions of the U.P. Basic Education (Teachers) Service Rules, 1981 and only thereafter to conduct Assistant Teacher Recruitment Examination-2019 and declare result of the same. "
When the writ petition was taken up as fresh on 03.01.2019, the following order was passed by this Court:-
"Heard Sri R.K. Ojha, Senior Advocate assisted by Sri Shivendu Ojha for the petitioners and Sri A.K. Yadav as well as Standing Counsel for the respondents.
The grievance raised by means of the present writ petition is that without notifying the minimum qualifying marks the respondents are going to conduct written examination of Assistant Teacher Recruitment Examination-2019 on 06.01.2019.
According to the petitioners, earlier when the examinations
were conducted, minimum qualifying marks were duly declared by the respondents. In this regard the circular issued by the State Government dated 01st December, 2018 (Annexure-1 to the writ petition) has been placed before this Court.
Standing Counsel has put in appearance on behalf of respondent nos. 1 and 3. Sri A.K. Yadav has put in appearance on behalf of respondent no. 2.
All the respondents are granted three days' time to seek instruction in the matter."
During the course of arguments Sri Agnihotri Kumar Tripathi, Advocate has filed an impleadment application before this Court, for impleadment of Ms. Namora Devi, Mr. Vinay Kumar Pandey and Ms. Rashmi Singh as respondent nos. 4, 5 and 6 in the writ petition, which is taken on record.
Mr. H.N. Singh, Senior Advocate has also put his appearance on behalf of the aforesaid proposed respondents.
Sri Satendra Chandra Tripathi, Advocate is also present in the Court and stated to have filed a caveat application on behalf of Kulbhushan Mishra.
Today, when the matter is taken up, Sri R.P. Dubey, learned Additional Chief Standing Counsel placed the instructions received by him before this Court, which is taken on record.
From the instructions, it is apparent that a Government Order has already been issued by the State Government dated 07.01.2019 fixing minimum qualifying marks.
Since the relief, as prayed for by the petitioner, has already been granted by the Government Order dated 07.01.2019, Sri R.K. Ojha, Senior Advocate fairly stated before this Court that he does not want to press the writ petition.
In view of the aforesaid, the writ petition is dismissed as not pressed.
Order Date :- 8.1.2019 Pkb/
2 issues framed by the court
Whether the writ petition should be dismissed since relief regarding minimum qualifying marks was granted by a Government Order before the court could decide.
Whether to condone the delay in impleadment of additional respondents.
1 provisions across 1 enactments
Anup Singh And 23 Others
State Of U.P. And 2 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
