Subhendra Kumar v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 20072 of 2023 Petitioner :- Subhendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alkeshwar Kumar Singh Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Vikas Budhwar,J. On the oral request of learned counsel for the writ petitioner he is permitted to implead Committee of Management, Sarvodaya Inter College, Kanpur Nagar through its Manager. Heard Sri Alkeshwar Kumar Singh, learned counsel for the petitioner, Sri Santosh Kumar Shukla, learned Additional Chief Standing Counsel, who appears for respondents 1 and 3 and Sri Tanuj Shahi holding brief of Sri Kushmondeya Shahi, learned counsel who appears for the respondent no2. The case of the writ petitioner is that selection proceedings may initiate pursuant to the advertisement no.01/2021 for selection on the post of Trained Graduate Teacher. The writ petitioner claims to apply for the post of Trained Graduate Teacher (English). The results were declared and the writ petitioner by virtue of the communication dated 8.11.2021 issued by the Deputy Secretary, Secondary Education Services Selection Board, Prayagraj required the writ petitioner to present on 21.11.2021 thereafter on 19.4.2022 another date was fixed on 27.4.2022 for counseling however according to the writ petitioner he has not been accorded placement. Sri Tanuj Shahi holding brief of Sri Kushmondeya Shahi, learned counsel who appears for the respondent no.2 has produced before this Court the a set of documents which is in three pages while inviting attention towards page 2 at serial no.119 which happens to be the select list the name of the writ petitioner has been shown against the fourth respondent institution institution. He submits that Board is not functional and the entire exercise is to be undertaken by the third respondent, District Inspector of Schools, Kanpur Nagar, let the writ petitioner approach the third respondent. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed of without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the third respondent who shall thereafter proceed to examine the claim of the petitioner and take follow up action with law within a period of two months from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed of. Instruction filed today is taken on record and marked as Appendix-A. Order Date :- 5.12.2023 piyush High Court of Judicature at Allahabad