Punam @ Kumari Punam Vs State of U.P. Thru. Secy. Basic Education Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

Punam @ Kumari Punam Vs State of U.P. Thru. Secy. Basic Education Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner may file a fresh representation before opposite party No.5 (Secretary, Examination Regulatory Authority, Prayagraj) for correction of her father's name, to be decided within two weeks of production of a certified copy of the order; the opposite parties may thereafter consider granting appointment if she has been selected.

Issue for consideration

Whether a direction should be issued to the opposite parties to issue an appointment letter to the petitioner on the post of Assistant Teacher. +1 more

Court's answer

Thereafter the opposite parties may consider grant of appointment to the petitioner in case she has been selected.

Ratio / Principle

The application seeking correction of the name of the petitioner is allowed.

Key takeaways

Liberty is granted to the petitioner to file a fresh representation before opposite party No.5, i.e. the Secretary, Examination Regulatory Authority, Prayagraj, regarding her grievance of correction of her father's name.ratio¶16
In case such a representation is filed, it shall be decided within a period of two weeks from the date a certified copy of the order is produced before the said authority.ratio¶17

Detailed headnote1 paragraphs

WRIT - A No. 231 of 2024, High Court of Judicature at Allahabad (Lucknow Bench), Manish Mathur, J., Order dated 25.1.2024. The petitioner sought a direction to the opposite parties to issue an appointment letter to her on the post of Assistant Teacher. Counsel for the opposite parties submitted on instructions that there is a discrepancy in the name of the petitioner's father in the certificate issued by opposite party No.5, which that authority can correct itself, whereafter the appointment order can be issued. The Court allowed the petitioner's name-correction amendment application, permitted impleadment of the Secretary, Examination Regulatory Authority, Prayagraj as opposite party No.5, and disposed of the writ petition, granting liberty to file a fresh representation before opposite party No.5 regarding correction of the father's name, such representation to be decided within two weeks of production of a certified copy of the order, whereafter the opposite parties may consider grant of appointment to the petitioner in case she has been selected.

Neutral Citation No. - 2024:AHC-LKO:7562

Court No. - 17

Case :- WRIT - A No. - 231 of 2024

Petitioner :- Punam @ Kumari Punam Respondent :- State Of U.P. Thru. Secy. Basic Education Lko. And 3 Others

Counsel for Petitioner :- Javed Khan,Neeranjan,Prem Prakash Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shailendra Singh Rajawat

Hon'ble Manish Mathur,J.

(Order on the memo of Amendment application)

Application has been filed seeking correction of the name of petitioner.

The application is allowed.

Consequential amendment in the memorandum of petition shall be incorporated during course of day.

(Order on the memo of writ petition)

Heard learned counsel for petitioner, learned State Counsel for opposite party No. 1 and 2, Mr. Ranvijay Singh learned counsel for opposite party No.3 and Mr. S.S. Rajawat learned counsel for opposite party No.4.

Petitioner is granted liberty to implead the Secretary, Examination Regulatory Authority, Prayagraj, as opposite party No.5 during course of day. Notice on behalf of newly impleaded opposite parties have been accepted by learned State Counsel.

Petition has been filed seeking a direction to opposite parties to issue appointment letter to petitioner on the post of Assistant Teacher.

Learned counsel for opposite parties submits on the basis of instructions that there is discrepancy in the name of petitioner's father in the certificate issued by the opposite party No.5 which can be corrected by such authority itself whereafter appointment order can be issued to petitioner.

In view of aforesaid submissions, liberty is granted to petitioner to file a fresh representation before opposite party No.5 i.e. Secretary, Examination Regulatory Authority, Prayagraj with regard to her grievance regarding correction in the name of

petitioner's father. In case such a representation is filed, the same shall be decided within period of two weeks from the date a certified copy of this order is produced before the said authority whereafter opposite parties may also consider grant of appointment to petitioner in case she has been selected.

With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 25.1.2024 prabhat

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench