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पक्षकारों से हलफनामा तलब, अगली सुनवाई 6 सप्ताह के बाद
Nisar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 16
Case :- SERVICE SINGLE No. - 8635 of 2020
Petitioner :- Mohd.Sharib Jilani & Ors.
Respondent :- State Of U.P.Thru.Secy.Basic Education,Lko.& Ors.
Counsel for Petitioner :- Amrendra Nath Tripathi,Durga Prasad Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg
Hon'ble Rajan Roy,J.
Heard.
Learned counsel for the State, Basic Education Officer and the Board have not been able to place before the Court any provision of law under which the petitioner who is working as Assistant Teacher at Bahraich could be prevented by the State or its authorities from appearing in the counseling for selection to the same post in another district.
Learned counsel for the petitioner relies upon a circular of the Board at page 87 wherein it has been said that there is no such provision to restrict the petitioner from appearing in any selection for a public post in any other District. Learned counsel for the petitioner asserts his rights under Article 14 and 16(1) of the Constitution of India.
Sri Gaus Beg, Advocate says that District Bahraich is aspirational district, therefore, if the petitioner is allowed to appear in the selection and get appointed on the same post in another district, then the teacher-people ratio at Bahraich will get reduced, however, on being asked as to if the petitioner resigns, whether in such a scenario teacher-people ratio shall not get reduced, he had no answer.
The point to be considered herein is whether the right available to the petitioner under Article 14 and 16(1) of the Constitution of India can be denied, that too, without any legislation or Rule as none has been placed before the Court, therefore, it is provided as an interim measure that the petitioner shall be allowed to appear in the counseling for the post of Assistant Teacher in Districts other than Bahraich and his result may also be declared, however, appointment letter if it is to be issued, it shall not be issued until further orders/result of this writ petition.
Sri Ranvijay Singh, Advocate seeks time 4 weeks' time for filing counter affidavit.
Time as prayed is granted to all the opposite parties for filing counter affidavit. 2 weeks' thereafter shall be available for filing rejoinder affidavit.
List thereafter.
(Rajan Roy, J.)
Order Date :- 11.6.2020
