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Monday, October 26, 2015

UPTET SARKARI NAUKRI News - 3 CANDIDATES HAVING SAME MARKS FOR SAME POST, AGE WISE SELECTION CREATED PROBLEM, POSTS ARE VACANT AND CONSIDERATION PERMITTED-

UPTET SARKARI NAUKRI   News - 3 CANDIDATES HAVING SAME MARKS FOR SAME POST,  AGE WISE SELECTION CREATED PROBLEM,  POSTS ARE VACANT AND CONSIDERATION PERMITTED

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 10

Case :- SERVICE SINGLE No. - 6158 of 2015

Petitioner :- Shalini Dwivedi
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Deptt. Lko. & O
Counsel for Petitioner :- Anand Mani Tripathi
Counsel for Respondent :- C.S.C.,P.K.Singh Bisen

Hon'ble Rajan Roy,J.
Heard.
Selection and appointment of the petitioner on the post of Assistant
Teacher (Mathematics) has been cancelled on the ground that there were
three candidates with the same merit i.e. 65.60 and as there were only two
vacancies, therefore, those of higher age should have been appointed,
instead the petitioner was appointed, though she was having lessor age.
Contention of the learned counsel for the petitioner is that vacancies on
the post in question still exists. Further contention of the petitioner is
that one Rohit Pandey at Serial No.114 with the same marks has been allowed
to continue.
In these circumstances, though there is no reason to interfere with the
impugned order, it is provided that if there are vacancies on the post of
Assistant Teacher (Mathematics) having been advertised in the same
advertisement and the petitioner is within the cut-of-marks, then her
adjustment against the same shall be considered and requisite decision
shall be taken as per Rules within two weeks from the date a certified copy
of this order is produced before the opposite party no.4. the other
contention of the learned counsel for the petitioner regarding Rohit Pandey
shall also be considered by the opposite party no.4 while taking such
decision.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 16.10.2015
A.Nigam

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