RAN VIJAI SINGH, J. - (1.) THIS writ petition has been filed by one Ranjana Rastogi, w/o Sri Rupendra Dixit with the following prayer : - "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to : - (a) -Issue a writ of mandamus for commanding the respondents to permit the petitioner to join as "Teacher" in Trained Snatak Grade in subject English, being Backward Caste candidate, in any Institution in the State of U.P. for which the said post was advertised, within specified time by this Hon'ble Court and to pay the salary of the petitioner as "Teacher" in Trained Snatak Grade w.e.f., Date of appointment 2.7.2006 along with interest @ 12% per annum till the actual date of payment; (b) In addition to or in substitution to the above, to grant any other relief, for which this Hon'ble Court may deem just and proper in the interest of justice, in favour of the petitioner; and (c) Award the costs of the applicant."
(2.) THE petitioner has appeared in the examination of L.T. Grade Teachers pursuant to the advertisement No. 1 of 2005 advertised by respondent No. 2. She has been declared successful and has been placed at Serial No. 3 in the list of selected candidates and has been placed in Dayanand Vedik Inter College, Nagina, District Bijnore. Her case is that when she has gone to join in the Institution, she has been informed that there is no vacancy as on 6th February, 2006 one Kumari Rana Qurashi has already joined. She has also been selected by Commission through advertisement No. 1 of 2004. Earlier on 9th November, 2006 while issuing the notices to the respective, respondent Nos. 1 and 2 were directed to produce the original record pertaining to the selection of petitioner and respondent No. 6. The learned Counsel for petitioner was also directed to take steps to serve on respondent Nos. 3 and 6 through Speed Post. Learned Counsel for petitioner has taken steps on 14th November, 2006 and at present respondent Nos. 1, 4 and 5 are represented through learned Standing Counsel. Respondent No. 2 represented through Sri R.P. Dubey who has not filed counter affidavit but has produced the record before this Court. Respondent No. 6 is represented through Sri Rahul Jain who has also filed counter affidavit. Sri Manu Saxena, learned Counsel for petitioner does not propose to file rejoinder affidavit to the counter affidavits filed by the respective respondents.
(3.) WITH the consent of the parties, this writ petition is disposed of at this stage. Pursuant to the earlier order of this Court D.I.O.S. is also present along with the original record. The Counsel for respondent No. 2 Sri R.P. Dubey and learned Standing Counsel appearing for the State -respondents inform that the vacancy against which Kumari Rana Qurashi respondent No. 6 has joined was advertised in the year 2004 through advertisement No. 1/2004. Learned Standing Counsel submits that when the advertisement No. 1 of 2005 was made, the Commission has not sent list of selected candidate, therefore, for the same post in requisition was sent in the year 2005 also and in fact for one post before the Commission, there were two requisitions.;