SUNITA AGARWAL,J. - (1.) Heard Sri Pankaj Sharma, learned Advocate for the petitioner and learned Standing Counsel for respondent no. 1. The copy of the present writ petition has not been served on the counsel appearing for respondent nos. 2 and 3 with the noting that there is no designated counsel for respondent nos. 2 and 3 to appear in the Court. By means of the present writ petition, the petitioner prays for a writ of mandamus commanding the respondent no. 3 namely the District Basic Education Officer, District Gonda to hold next round of counselling in respect of the selection on the vacant post of Assistant Teacher (Science and Mathematics) in Senior Basic School in pursuance of the order dated 15.2.2019 issued by the Secretary, U.P. Basic Education Board, Allahabad. Further prayer has been made to issue a direction to respondent no. 3 to consider the representation of the petitioner dated 1.4.2019 for appointment to the post of Assistant Teacher (Science and Mathematics) in Senior Basic School in District Gonda.
(2.) The facts stated in the writ petition are that the petitioner had applied for the post of Assistant Teacher (Science and Mathematics) in Senior Basic School in different districts in the entire State of U.P. having possessed requisite qualification of B.Sc., B.Ed. and T.E.T. in terms of the Government Order dated 11.7.2013. During the course of selection, total seven rounds of counselling were held in the entire State of U.P. and after 7th round of counselling, approximately 3000 posts notified in the notification dated 11.7.2013 remained vacant, but the respondents did not proceed for further counselling and as such the petitioner could not be selected. A Writ-A No. 56165 of 2016 ( Harendra Kumar Chaudhary vs. State of U.P. and another ) was filed by the petitioner, which was disposed of with the direction to the competent authority to decide the representation of the petitioner by passing a reasoned and speaking order. The petitioner moved a representation before the respondent nos. 2 and 3 herein alongwith the certified copy of the order dated 29.11.2016 passed by the Writ Court. But no steps to fill the vacant post by holding fresh counselling, had been taken in violation of the direction of this Court. As a result of it, the petitioner had filed a contempt petition pleading disobedience of the order of the Writ Court dated 29.11.2016, wherein notices had been issued by the contempt Court. It is contended that the last selected candidate in the category of the petitioner had obtained 65.87 marks whereas the petitioner secured 65.21 marks. Had there been further rounds of counselling, the petitioner would have a fair chance of selection being fully eligible for appointment to the post of Assistant Teacher in Science and Mathematics in terms of the Government Orders dated 11.7.2013 and 23.8.2013. It is contended that in similar situation, the order dated 15.2.2019 had been issued by the respondent no. 2 whereby the District Basic Education Officers of different districts including respondent no. 3 herein had been directed to initiate further process of selection and to conclude the same in accordance with law. N
(3.) The contention of the petitioner is that he had approached the respondent no. 3 requesting for his appointment in terms of the order dated 15.2.2019 issued by respondent no. 2 but no action had been taken. Various posts notified on 11.7.2013 and 23.8.2013 are still lying vacant in District Gonda. Considering all these submissions of learned counsel for the petitioner, relevant is to note that the petitioner is not one of those candidates who had participated in the counselling held for selection to the post of Assistant Teacher (Science and Mathematics) till 7th round of counselling. It is admitted to the petitioner that he had obtained lesser marks than the last selected candidates in his category. The relief in the writ petition is based on the order dated 15.2.2019 issued by the Secretary, U.P. Basic Education Board, Allahabad pursuant to the Government Order dated 14.2.2019. A perusal of the order dated 15.2.2019 appended at page '29' of the paper book shows that the Government Order dated 14.2.2019 had been issued for completion of the selection process with regard to those candidates who had participated in the counselling held in different districts and who are found eligible for appointment to the post of Assistant Teacher (Science and Mathematics) by the District Selection Committee after perusal of their qualification. There is no direction to conduct a fresh round of counselling in the order dated 15.2.2019 issued by the Secretary, U.P. Basic Education Board, Allahabad in compliance of the Government Order dated 14.2.2019. The extract of the directions issued therein are relevant to be quoted hereunder:- ...Vernacular Text... It is further noteworthy that the Government Order dated 14.2.2019 had been issued pursuant to an order dated 26.12.2018 passed by the contempt Court in Contempt Petition No. 249 of 2018 (Neeraj Kumar Pandey vs. Sri Sanjai Sinha, Secretary, Basic Education Board, Prayagraj). ;