ABDUL MOIN,J. - (1.) Heard learned counsel for the petitioner, learned Standing counsel as well as Sri C.B.Singh, learned counsel appearing for the respondent no. 3.
(2.) The petitioner being aggrieved with the order dated 19.06.2018 by which the respondent no. 3, i.e. Director, State Council of Education, Research and Training, District- Lucknow has rejected the claim of the petitioner for appointment on the post of Assistant Teacher (Trainee) in the Primary School is before this Court.
(3.) Learned counsel for the petitioner contends that the respondent no. 5 i.e District Basic Education Officer, District Balrampur had issued an advertisement on 01.12.2011 inviting the application for appointment on the post of Assistant Teacher (Trainee) in Primary Schools. The petitioner being eligible applied for the said post and he passed the Teacher Eligibility Test on 25.11.2011. The petitioner appeared in the fifth counselling for district Balrampur and completed all the formalities but he was not permitted to join. Aggrieved against his non joining the petitioner submitted a representation to the Secretary, Basic Shiksha Parishad for his appointment but when no action was taken he was constrained to file Writ Petition no. 10950 (SS) of 2018 before this Court praying for a direction to the respondents to allow the petitioner to join on the post of Assistant Teacher (Trainee) in district Balrampur on the basis of his selection on the said post. This Court vide judgment and order dated 16.4.2018, a copy of which is annexure 10 to the petition disposed of the petition with the direction to the respondent no. 3 to decide the representation of the petitioner. The respondent no. 3 by means of the impugned order dated 19.06.2018, a copy of which is annexure 1 to the petition has rejected the claim of the petitioner on the ground that taking into consideration the judgment of the Apex Court passed in Civil Appeal No. 4347-4375 of 2014 In re; State of U.P and Ors v. Shiv Kumar Pathak and Ors., no further action is possible with respect to the claim of the petitioner.;