बड़ी खबर : जिन लोगो ने भय के कारण 72825 प्राइमरी छोड़कर 29334 जूनियर गणित / विज्ञान शिक्षक में ज्वाइन नहीं किया ,
कोर्ट ने उनको 5 महीने बाद अब अवसर देने से साफ़ मना कर दिया , याचिका डिसमिस कर दी गयी
29334 Junior High School Science Math Teacher Recruitment, Allahabad Highcourt,
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 24
Case :- SERVICE SINGLE No. - 8035 of 2016
Petitioner :- Anil Kumar And 5 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Deptt.Govt.Of Up &Ors
Counsel for Petitioner :- Rajat Bansal
Counsel for Respondent :- C.S.C.,C.B. Singh,Vindhyawashini Kumar
Hon'ble Dr. Devendra Kumar Arora,J.
By means of this writ petition, petitioners have sought for a writ of certiorari quashing the condition imposed in appointment letters dated 21.09.2015, whereby, petitioners were required to join their services within a week on the post of Assistant Teacher (Math/ Science) in allotted Upper Primary School, failing which, appointment will cancel automatically. Petitioners have further sought for a writ of mandamus commanding the opposite parties to permit the petitioners to join on their respective posts.
From the record, it appears that petitioners applied for the post of Assistant Teacher (Math/ Science) in Upper Primary School in pursuance to the advertisement dated 11.07.2013 and after their selection on the post in question, petitioners were issued appointment orders on 21.09.2015. The appointment orders provide that selected candidates/ petitioners will join their posts within a week, failing which, their appointments would be cancelled automatically and the issue will not be reconsidered and for the same, the candidates will be responsible.�
As the petitioners, at the relevant time, were working as Assistant Teachers in Primary School, therefore, they did not choose to join nor any application for extending the time of joining was sent by them to the concerned authority in pursuance to the appointment orders. Now, the petitioners have approached this Court challenging the condition of appointment orders on the ground that there are large number of vacancies and the counselling are still going on.
Learned counsel for the opposite parties while opposing the writ petition submitted that appointment letters clearly provide that in case, the selected candidates will not join at their allotted place, their selection shall be cancelled automatically and the said issues will not be reconsidered and for the same, the selected candidates will be responsible.
It is also submitted that the petitioners did not choose to join in pursuance to the appointment orders dated 21.09.2015 and on account of not filling up the vacancies, the authorities were required to proceed further for counselling and the rights have been created in favour of the persons who have been subsequently selected and appointed. It is also submitted that at no point of time, any requisition for seeking extension of time has been sought by the petitioners as is evident from the writ petition. Hence, the writ petition is misconceived and is liable to be dismissed.
Admittedly, the petitioners were appointed on the post of Assistant Teacher (Math/ Science) and appointment orders were issued in their favour on 21.09.2015 with the condition that petitioners shall join within a week otherwise their selection will be cancelled automatically and for which, they themselves will be responsible and their cases will not be considered subsequently. It also appears from the record that petitioners did not choose to join the their posts in pursuance to the appointment orders dated 21.09.2015 nor they moved application for extension of time and now after lapse of more than five months, they approached this Court for the abovesaid prayer.
In view of above, this Court do not find any reason to entertain this writ petition.
Accordingly, writ petition is dismissed.
Order Date :- 18.4.2016
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