SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ansul Bhatnagar, holding brief of Sri Siddharth Khare, learned counsel for the petitioner and Sri Gajendra Pratap, learned Senior Advocate, assisted by Sri A.K.S. Parihar, learned counsel for the respondent no.3 and Sri D.N. Mishra, learned standing counsel for the respondent nos. 1, 2, 4, 5 and 7.
(2.) On 03.12.2019, this Court passed the following order:- "Heard Sri Ashok Khare, learned senior advocate assisted by Sri Ansul Bhatnagar, learned counsel for the petitioner, the learned standing counsel for State-respondents and Sri A.K.S. Parihar, learned counsel for the respondent No.3. It is admitted to the respondents that the petitioner was selected in the selection process carried pursuant to Advertisement No.2 of 2011. An appointment letter was issued directing her to join in the institution Sahav Singh Inter College, Dariyapur, Hathras. Subsequently, the sanctioned strength of 13 trained graduate teachers of the said institution was reduced to 11 assistant teachers out of which 10 were found working and the one vacant post was reserved for scheduled caste. Therefore, the said institution has not given joining to the petitioner. The petitioner represented before the respondent Nos.3 and 4 both. The respondent No.3 wrote a letter to the respondent No.4 in this regard. In response, the respondent No.4 wrote a letter No.3609-13/2019-20 dated 03.09.2019 intimating the aforesaid facts and requesting to allot/ adjust the petitioner in some other institutions. More than three months have passed but the respondent No.3 has not taken any action. In Civil Appeal No.10808 of 2017 (U.P. Secondary Service Selection Board vs. State of U.P. and others), Hon'ble Supreme Court considered similar matter and passed an order dated 23.08.2017 observing, as under: "The issue pertains to the candidates who have already been selected but could not be accommodated for want of vacancies. In such cases, it cannot be said that the Board has no power to accommodate them. They will have to be certainly accommodated in available or arising vacancies." In view of the aforesaid, the respondent No.3 is directed to show cause for its inaction. Let the matter be put up in the additional cause list on 10.12.2019."
(3.) Today, an affidavit of Kirti Gautam, Secretary, U.P., Secondary Education Services, Selection Board, Prayagraj, dated 18.12.2019, has been filed on behalf of the respondent no.3. In paragraphs 4, 5 and 6 of the aforesaid affidavit, the respondent no.3 has stated as under:- "4. That, however, it is evident from the communication dated 03.09.2019 of the District Inspector of Schools that the post in the said college does not exist now. In view of the said fact, the respondent Board cannot proceed any further to make placement of the petitioner in any other College because all the vacancies that were advertised in year 2011 have been filed up and the Board has been legally advised to state that it cannot make placement of a candidate against the vacancy which has not been advertised. 5. That so far as the Order dated 23.08.2017 of Hon'ble Supreme Court passed in Civil Appeal No.10808 of 2017 and other connected Appeals to it is concerned the same was subsequently clarified by the Order dated 17.08.2018. This clarificatory order of Hon'ble Supreme Court was passed on the application of the respondent Board wherein a prayer was made to the effect that the said order be limited to those 642 candidates only who had approached the Hon'ble Supreme Court through their respective applications. The Hon'ble Supreme Court allowed the Clarificatory application of the respondent Board in term of its prayer (a). A true copy of the said Clarificatory Application and the Order passed on it by the Hon'ble Supreme Court are being filed herewith and marked as Annexure No.1 and 2 respectively to this affidavit. 6. That the respondent Board has been legally advised to state that the said two orders (23.08.2017 and 17.08.2018) of the Hon'ble Supreme Court passed under Article 142 of the Constitution of India and does not partake characteristic of declaration of law by the Hon'ble Supreme Court under Article 141 of the Constitution of India." ;