Ritu Raj Awasthi, J. - (1.) HEARD Mr. Umesh Chandra Pandey, learned counsel for petitioners as well as learned Standing Counsel and perused the record. A preliminary objection has been raised by learned Standing Counsel regarding maintainability of the writ petition on the ground that the petitioners are aggrieved by order dated 12.10.2000, they had not approached the Court earlier. Now, they want the benefit of judgment and order dated 09.03.2010 passed in Writ Petition No. 10448 of 2001 (Awadhesh Kumar Vs. Status of U.P. and Others), which cannot be granted at this stage. The writ petition is liable to be dismissed on the ground of undue delay and laches.
(2.) THE relevant facts giving rise to the writ petition are that in pursuance of the Government Order dated 11.10.1999 and Government Order dated 13.6.2000, selection for appointment on the post of Subject Specialist was held under the Chairmanship of Additional Director of Education for Lucknow, Agra, Bareilly, Meerut and Morabad Divisions. The last date for submitting applications was 25th April, 2000. The petitioners had applied for the said post and after recommendation of selection committee and interview, etc, final select list was prepared. Total 262 persons including the petitioners were issued appointment letter out of which 65 persons were selected as Lecturer and 197 persons were selected as LT Grade Teachers. The petitioners in pursuance of the appointment letter had submitted their joining at various divisions in the year 2000. It was by the impugned order dated 12.10.2000 that the Joint Director of Education, 6th Division, Lucknow in pursuance of Government's DO letter dated 12.10.2000 had issued directions that the entire proceedings with respect to appointment of Subject Specialist shall be suspended with immediate effect and in case appointment letters have been issued, candidates shall not be allowed to join and in case they have joined, they shall not be allowed to work and no payment shall be made. Challenging the said decision of the State Government cancelling entire selection for the post of Subject Specialist, certain writ petitions including Writ Petition No. 10448 of 2001 (Awadhesh Kumar Vs. State of U.P. and Others) were filed before this Court at Allahabad as well as at Lucknow. The Writ Petition No. 10448 of 2001 was allowed by judgment and order dated 09.03.2010 directing the State Government to constitute a scrutiny committee to examine the case of each of candidate separately on its merit and thereafter take appropriate action as may be warranted under law.
(3.) LEARNED counsel for petitioners submits that although no information about the decision taken by the scrutiny committee constituted in compliance of the judgment dated 09.03.2010 was communicated to the petitioners but it was only in the contempt petition filed by Sri Awadhesh Kumar that the report of scrutiny committee was brought on record in which the case of petitioners was found to be correct. Sri Awadhesh Kumar has been permitted to join on the post of Subject Specialist, however, the petitioners have not been issued appointment letters. They have made representations, which are pending consideration.;