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Saturday, August 8, 2015

UPTET SARKARI NAUKRI Breaking News - Application Form Not Reached in Other District On Time, And therefore court not given relief to select in other district, where cutoff merit is low -

UPTET SARKARI NAUKRI  Breaking News - Application Form Not Reached in Other District On Time, And  therefore court not given relief to select in other district, where cutoff merit is low


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 24

Case :- CONTEMPT No. - 744 of 2015

Applicant :- Ashish Kumar Prajapati
Opposite Party :- Sarvendra Vikram Bahadur Singh & Ors.
Counsel for Applicant :- Parashuram Kanaujia

Hon'ble Dr. Devendra Kumar Arora,J.
The petitioner has approached this Court for willful non-compliance of the order dated 2.9.2014 passed in writ petition No. 4740 of 2014 (S/S) : Ashish Kumar Prajapati Vs. State of U.P. and others, whereby the writ Court, while granting time to the learned Standing Counsel for filing counter affidavit, as an interim measure, directed the respondents to consider the candidature of the petitioner for the post of Trainee Teacher after verifying that he has submitted application along with the draft of Rs.500/- as stated in paragraph-8 of the writ petition but the selection of the petitioner shall be subject of the outcome of the writ petition.
Applications for taking on record of affidavit of compliance and dismissal of the contempt petition duly sworn by an affidavit filed on behalf of opposite parties Nos. 1 and 8 are taken on record.
In the affidavit, it has been stated that in compliance of the ad interim order dated 2.9.2014, the case of the petitioner was duly considered and the same was disposed of vide order dated 3.7.2015 by the opposite party No.1-Director, State Council for Education Research & Training, Nishatganj, Lucknow. In the order dated 3.7.2015, it has clearly been mentioned that the petitioner applied for Trainee Teacher Selection, 2011 for the District Sitapur under Male/OBC/Science category, in which he appeared in the counselling in District Sitapur but as he has obtained 99 marks in Trainee Teacher Selection, whereas cut-off merit in the District Sitapur is 114 and, therefore, he could not be selected for Trainee Teacher Selection, 2011 as his merit is less to the cut off merit i.e. 114 marks.� It has also been stated that the petitioner has pleaded that he has applied for the District Gonda, Lakhimpur Kheri, Prtapgarh, Bahraich, Balrampur, Shravasti, Unnao, Raebareli and Barabanki for Trainee Teacher Selection, 2011, whereas the actual fact is that application form of the petitioner was only received in District Sitapur and in other districts, application form of the petitioner was not received upto the last date i.e. 9.1.2012 till 5.00 P.M. Therefore, the petitioner cannot claim for appearing in counselling for other districts under law as his form was not received in the aforesaid districts as claimed by the petitioner.
In these backgrounds, learned Standing Counsel submits that since the order of the writ Court has been complied within its letter and spirit, therefore, the present contempt petition be dropped against the opposite parties.
Appreciating the submission of the learned Standing Counsel, this Court comes to the conclusion that since the order of the writ Court has been complied within its letter and spirit and as such, there is no reason to proceed further against the opposite parties in the present contempt petition.
The contempt petition is dismissed. Notice to the opposite parties are hereby discharged.
Order Date :- 5.8.2015
Ajit/- 


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