AMRESHWAR PRATAP SAHI,J. - (1.) Heard learned counsel for the petitioner Sri. D.P. Tripathi and Sri K.K. Tripathi and the learned standing counsel for respondent no. 1 to 4.
(2.) THE contention raised is that the petitioner is older in age than the respondent no. 5 and their marks being equal, the petitioner is entitled to be appointed. The B.S.A. has informed the Assistant Basic Shiksha Adhikari, Kanpur Nagar as well as petitioner and the respondent no. 5 that guidelines are awaited from the state government and till such instructions are made available, it will not be possible to finalise the same in favour of petitioner. The question as to whether the petitioner should be given preference or not is not provided for in the order dated 10.10.2005. There are no other guidelines. The rational for giving preference has to be adjudicated keeping the age prescribed under the government order. The government order does not give any preference for any higher education. The merit has to be adjudicated only on the marks in the High School and Intermediate Examination. In such view of the matter withholding of the candidature of the petitioner can not be justified unless and until there is any rule or any instruction that was prevalent on the date of holding of the selection. Learned Standing Counsel Sri K.K. Chand has invited the attention of the government order dated 28th October, 2009 where this position has already been clarified in relation to the query raised in this writ petition which is follows:- @ Hindi @ To issue a writ order or direction in the nature of mandamus commanding the respondent no. 1 to issue guidelines within specific period directing the respondent no. 2 to 4 releasing to Government Order of Shiksha Mitra regarding the selection if 2 candidates got equal marks, within specific period as may be fixed by this Hon'ble Court. @ Hindi @
(3.) ACCORDINGLY , the writ petition is disposed of with a direction to the respondent no. 4 to proceed to pass a final order as expeditiously as possible, preferable with period of six weeks from the date of presentation of a certified copy of this order before him. With the aforesaid direction this writ petition is disposed of.;