Dismissed

Shri Premvir Tyagi v. the State of U.P. and 6 Others

Allahabad HC2 Dec 2022WRIA/19957/2022

Case brief

AI extract

What is this about?

This is a writ petition challenging a select list for the post of Principal. The petitioner argued that higher candidates were not named, ineligible candidates were selected without B.Ed., and interviews were conducted by single members. The court dismissed the petition, noting the petitioner was below higher merit candidates and doubts regarding other candidates' qualifications were not plead spe

What did the court decide?

The writ petition was dismissed for lack of merit as the petitioner ranked lower in merit than undisputed higher candidates and doubts regarding other candidates were not specifically pleaded.

Shri Premvir Tyagi Vs the State of U.P… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 19957 of 2022

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Petitioner :- Shri Premvir Tyagi Respondent :- The State Of U.P. And 6 Others Counsel for Petitioner :- Shailesh Pandey Counsel for Respondent :- C.S.C.,Kushmondeya Shahi

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Shailesh Pandey, learned counsel for the petitioner; Sri Tanuj Shahi, Advocate, holding brief of learned counsel appearing for the Board and Ashish Mohan Srivastava, learned Standing Counsel for the State-respondents.

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Petitioner who is holding officiating charge of Principal at Nehru Memorial Inter College, Dhawarsi, Amroha, U.P. has challenged the select list/select panel published by the U.P. Secondary Education Services Selection Board dated 13.11.2022 issued consequent to Advertisement No. 03 of 2013.

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Three grounds have been pressed. First, it has been submitted, the select list does not disclose the name of the candidate placed third in order of merit for the purpose of appointment on the post of Principal against each institution. Second, certain candidates not holding B.Ed degree have been declared selected against the mandatory eligibility condition. Third, certain selected candidates were interviewed by a single member Board while others were interviewed by a panel.

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No interference is warranted in the present writ petition inasmuch as undisputedly, for the above institution (above named), the select panel has named John Rizvi and Sudhir Kumar at serial nos. 1 and 2. Clearly, they had scored more marks than the present petitioner in the interview. Unless those persons refuse or fail to join on the post of Principal, no occasion may arise where any person lower in merit may claim entitlement to appointment. The petitioner cannot voice any grievance as he is undoubtedly placed lower in merit than those

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respondents.

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Second, it has not been pleaded by the petitioner, either of the two candidates namely John Rizvi and Sudhir Kumar does not possess B.Ed degree. A mere doubt expressed without specific assertion in that regard, cannot prompt the Court to exercise its extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Third, inasmuch as it is not the case of the petitioner, either the petitioner or John Rizvi or Sudhir Kumar was interviewed by a single member Board, the ground being pressed is non-existing.

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Other than the above, no other ground has been pressed by the petitioner. Accordingly, the present writ petition lacks merit and hence dismissed .

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Order Date :- 2.12.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.12.03 09:40:52 IST Reason: Location: High Court of Judicature at Allahabad

Shri Premvir Tyagi v. the State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Shri Premvir Tyagi v. the State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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