RUCHI MISHRA Vs. STATE OF UP
LAWS(ALL)-2015-2-84
HIGH COURT OF ALLAHABAD
Decided on February 26,2015

Ruchi Mishra Appellant
VERSUS
STATE OF UP Respondents

JUDGEMENT

Sunita Agarwal, J. - (1.) HEARD Sri Pradeep Kumar, learned counsel for the petitioner and Sri R.B. Yadav, learned counsel for respondent nos. 2 and 3.
(2.) THE petitioner possess requisite qualification for appointment to the post of Assistant Teacher in a Basic School as after completing graduation and B.Ed. Course, she has successfully cleared U.P. TET Examination 2011. After having obtained 96 marks in U.P. TET Examination -2011, the petitioner applied as against the advertisement of 29,334 vacancies of Assistant Teacher for Science/Mathematics in Senior Basic Schools run by Basic Shikha Parishad in the State of U.P. She has submitted her application form on 26.9.2013 as a General (female) category candidate.
(3.) THE present writ petition has been filed praying for mandamus commanding respondents to allow the petitioner to appear in the counselling of Assistant Teacher (Science) in the freedom fighter's descendant category. The contention of the petitioner is that she has submitted application form for getting a certificate of dependent of a freedom fighter and moved an application on 22.7.2013 for issuance of the certificate before the District magistrate, Etawah. A reminder was sent on 11.9.2014 and finally the certificate was provided to the petitioner on 29th October, 2014. On the basis of the certificate dated 29.10.2014, the petitioner submits that she is entitled to be accorded all the benefit of the category namely dependent of the freedom fighter. The certificate given by the District Magistrate, Etawah dated 29.10.2014 is to be taken into consideration for the purpose. An application was submitted by her alongwith the certificate on 20.11.2014 before respondent no. 3 requesting her to participate in the counselling in descendant of freedom fighter category candidate. Her request was not accepted and hence this writ petition. Sri Pradeep Kumar, learned counsel for the petitioner vehemently urged that the petitioner was pursuing her claim before the District Magistrate and has applied for issuance of the relevant certificate within time but the said certificate was not provided to the petitioner for the slackness on the part of the authority namely the District Magistrate, Etawah.;


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