Disposed

Kunal Bhardwaj v. State of U.P. and 3 Others

Allahabad HC16 Jul 2021WRIA/4288/2021

Case brief

AI extract

What is this about?

Petitioner sought to quash an impugned order cancelling his selection as Assistant Teacher, arguing lack of hearing and citing a precedent. The Court directed the respondent to consider a representation, issue proper notice, and afford an opportunity of hearing before making a final decision.

What did the court decide?

The petitioner was permitted to submit a representation within two weeks; the respondent was directed to consider it after providing a notice or opportunity of hearing.

Kunal Bhardwaj Vs State of U.P. and 3 Others — Education and Admissions | Allahabad HC (2021)

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Court No. - 5

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Case :- WRIT - A No. - 4288 of 2021

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Petitioner :- Kunal Bhardwaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari,Yatindra

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Hon'ble Saral Srivastava,J.

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Heard Sri Radha Kant Ojha, Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, learned Standing Counsel for respondents no.1 & 2, Sri J.K. Tiwari, learned counsel for respondent no.3 and Sri Yatindra, learned counsel for respondent no.4.

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The petitioner has applied for selection on the post of Assistant Teacher pursuant to an advertisement published on 5th December, 2018. The petitioner has appeared in written examination and after that he appeared in counselling. The petitioner has now been selected.

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By impugned order dated 02.02.2021 of respondent no.3Basic Shiksha Adhikari, Bulandshahar, selection of petitioner has been cancelled. The reasons for cancellation as stated in impugned order is extracted herein-below:-

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“ आववेदन कवे ससापवेक्ष हसाईस्ककल व इण्टर कवे अअंककों मम भभिन्नतसा , एक ससाथ ददो कदोसर भकयवे गयवे ( स्नसातक कवे ससाथ एक भवषय कवे ससाथ कक्षसा 10 एवअं स्नसातक कवे ससाथ एक भवषय कवे ससाथ कक्षसा 12) ददोनदो कसा अधधिभिसार चयन हवेततु समममधलत भकयसा गयसा। इण्टरममीभडिएट कवे आधिसार पर प्रभशिक्षण यदोग्यतसा प्रसाप्त ककी गयमी। चयन/अभ्यथरन भनरस्त भकयसा जसातसा हहै।"

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Challenging the aforesaid order, learned Senior Counsel submits that the petitioner is a selected candidate and the reasons assigned for cancelling selection of petitioner in impugned order passed is not correct and against the record, therefore, an opportunity of hearing should have been afforded to the petitioner before cancelling selection of petitioner. He submits that had the petitioner been given opportunity, he should have placed judgement of this Court in Writ Petition No.23691 of 2018 (Vikram Singh and 4 others Vs. State of U.P. and 3 others) which squarely

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covers the case of the petitioner and would have also placed various Government Orders, to demonstrate that there is no difference in marks obtained in High School and Intermediate in response to the application.

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Be that at it may, perusal of order impugned indicates that neither any notice has been given to the petitioner nor any opportunity of hearing has been afforded to him before passing the order impugned.

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Therefore, considering the facts and circumstances of the case, this Court finds appropriate to permit the petitioner to submit a representation to the respondent no.4-Basic Shiksha Adhikari, Bulandshahar within a period of two weeks from today raising all his grievances in the said representation against the impugned order. In case any such representation is filed within the aforesaid period, the respondent no.4 shall consider and decide the same after giving proper notice or opportunity of hearing to the petitioner in accordance with law.

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The impugned order dated 02.02.2021 shall abide by the decision of respondent no.4 on the representation of the petitioner.

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It is made clear that this Court has not adjudicated the claim of the petitioner on merit.

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The writ petition is disposed of with the observations made above.

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Order Date :- 16.7.2021 S.Sharma

Kunal Bhardwaj v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kunal Bhardwaj v. State of U.P. and 3 Others

Case brief

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