JUDGEMENT
Irshad Ali, J. -
(1.) Heard Sri Jaideep Mathur, learned Senior Counsel assisted by Sri Amrendra Nath Tripathi, Sri Alok Kumar Mishra, Sri Onkar Singh Kushwaha, Sri Bahar Ali, Sri Ram Kumar Singh, Sri Vijay Kumar Asthana, Sri Dharmendra Kumar Maurya, Sri Rajesh Kumar Pathak, Sri Onkar Pandey, Sri Alok Kumar Srivastava, Sri Neeraj Kumar Mishra, Sri Vivek Tripathi, Sri Ramesh Kumar Srivastava, Sri Sharad Nandan Ojha, Sri Ajey Singh and Sri Vinay Misra, learned counsel for the petitioners. Learned Advocate General on behalf of respondent Nos.1 and 2. Sri Anil Tiwari, learned Senior Counsel assisted by Sri Apurva Tiwari, learned Advocate and Sri S.K. Kalia, learned Senior Counsel assisted by Sri Durga Prasad Shukla, learned counsel for the respondents as well as Sri Vindhyawasini Kumar, learned counsel on behalf of respondent Nos.3 and 4.
(2.) The controversy involved in this bunch of writ petitions is that whether permission accorded to the candidates to apply for the post of Assistant Teacher by providing first preference in the counselling from the district, where there are '0' vacancy, is permissible under the rules applicable or not.
(3.) This bunch of writ petitions is being decided by means of a common judgment treating the Writ Petition No.11375 (S/S) of 2018 (Ram Jank Maurya and others vs. State of U.P. and others) as the leading writ petition. In the leading writ petition, the petitioner has filed an amendment application for adding certain facts and grounds along with the prayer of writ of certiorari but due to raising the objection by learned counsel appearing on behalf of the respondents, he did not press the amendment application. In the bunch of writ petitions there are three writ petitions, which are numbered as Writ Petition Nos.11947 (S/S) of 2018, 12656 (S/S) of 2018 and 5734 (S/S) of 2018, wherein the petitioners have prayed for issuance of writ of certiorari quashing the instruction No.6 (?) issued on 26.12.2016 to the extent it allows the candidates of other districts, where are '0' vacancy to be eligible for selection in other districts on the basis of their first preference. Further prayer has been made for issuance of writ of certiorari quashing the notification dated 15.03.2017 to the extent it allows the candidates of other districts, where there are '0' vacancy to be eligible for selection in other districts on the basis of their first preference.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.