The petitioner sought appointment as officiating Principal, having previously declined the offer in 2012. The High Court found insufficient cause to issue a writ given the prior abandonment of the claim and lack of clarity regarding intervening periods.
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Court No. - 6
Case :- WRIT - A No. - 8542 of 2019
Petitioner :- Ram Prasad Arya Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ram Bahori Pal,Yashvant Singh Counsel for Respondent :- C.S.C.,Aakash Rai
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Akash Rai for the respondent No.6.
This petition has been preferred with a prayer for the claim of the petitioner being considered for appointment as officiating Principal.
Undisputedly when the charge of officiating Principal was offered to the petitioner in 2012, he had turned down the same in terms of his communication of 07 August 2012. According to learned counsel the officiating Principal who was appointed then, retired thereafter on 31 March 2017. Despite repeated queries learned counsel is unable to state who officiated between 2017 and 2019 and whether at any stage and at that time the petitioner had re-agitated his claim for being granted charge as officiating Principal. He was also unable to address any submission on whether the petitioner could seek revival of his claim having foregone the opportunity provided earlier.
In view of the above no cause arises for issuance of the writs as prayed for. The petition is dismissed.
Order Date :- 30.5.2019 faraz
2 issues framed by the court
Whether the petitioner is entitled to appointment as officiating Principal after having declined the offer in 2012?
Whether the claim can be revived after the petitioner forewent the earlier opportunity?
Ram Prasad Arya
State Of U P
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
