The High Court disposed of the writ petition regarding the petitioner's claim to an SC category PGT post. The court directed the respondent to form a committee and pass an order within one month if the petitioner files a fresh representation.
Direction to respondent to examine fresh representation and pass orders within one month once received.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - A No. - 4248 of 2021
Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- C.S.C.,Mritunjay Tiwari
Hon'ble Saumitra Dayal Singh,J.
According to the petitioner, on account of mistake or act attributable to the respondents, he could not join on the post of PGT (History) at Achary J B Kriplani Inter College, Ballia. The post of PGT (History) of that institution was a General Category post. However, the Uttar Pradesh Secondary Education Service Selection Board, Prayagraj recommended the petitioner's name to appointment on that post, though the petitioner undisputedly belongs to Scheduled Caste (SC) category. It is his further grievance that persons juniors to him (Scheduled Caste (SC) category) have joined at other institutions whereas the petitioner has been deprived of the same.
Referring to paragraph 20 of the writ petition, it has been submitted, at present one post of PGT (History) is lying vacant under the Scheduled Caste (SC) category. Therefore, in view of Rule 13(5) of the U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as "Rules, 1998"), the petitioner is entitled to the benefit of the same. He has also referred to certain directions issued by the Supreme Court and also by this Court.
Prima facie , it does appear that the petitioner's claim requires serious examination.
However, since no decision has yet been made by the respondent authority, no useful purpose may be served in keeping the present petition pending or calling for a counter affidavit at this stage. Accordingly, the writ petition is disposed of with the observation that in case the petitioner files a fresh representation before the respondent no. 2 within a period of one week from today along with a copy of this order, the said authority shall necessarily examine the matter in detail and pass appropriate orders thereon in terms of Rules, 1998 as expeditiously as possible preferably within a period of one month from the date of such representation being filed and offer appointment to the petitioner, accordingly.
Order Date :- 19.7.2021 Prakhar
1 issue framed by the court
Whether the petitioner is entitled to benefit of Rule 13(5) regarding a vacant SC category post.
1 provisions across 1 enactments
Rajesh Kumar
State Of U.P.
3 Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
