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Sadique Hussain v. State Of U.P. And Others - WRIT - A No. 3369 of 2007 [2007] RD-AH 11285 (5 July 2007)


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Court No. 38

Civil Misc. Writ Petition No. 3369 of 2007

Sadique Hussain


State of U.P. and others

Hon'ble V. K. Shukla, J.

In the year 1986, petitioner was engaged by respondent Madhyamik Shiksha Parishad for preparing certificates of successful candidates at the examinations conducted by it. After the work was over, petitioner's services were discontinued. Petitioner along with others preferred writ petition before this Court. This writ petition was allowed by this Court on  11.01.1991. Against the said order, Special Lave Petitions were filed before Hon'ble Apex Court, which were allowed and ultimately Civil Appeal Nos.3448-3453 of 1992 and 3454 of 1992 were registered and  decided. While deciding the aforementioned Appeals, on concession of the appellants, following observations were made by Hon'ble Apex Court, which are being quoted below:

"The appellant- Parishad has offered to consider the cases of the these 26 respondents, who were writ petitioners before the High Court, for purposes of recruitment to the post of Lower Division Clerks as and when vacancies arise and steps for filling up those posts are taken up by the appellant. The appellant submits that if the respondents make appropriate applications at the appropriate time of filling up the vacancies and if they possess the requisite minimum qualifications for the posts and if they were not beyond the prescribed maximum age limit as on the date on which utilization of their services commenced in the year 1986, their cases would be duly considered, affording to them preference in the recruitment, other conditions being equal subject to the reservations- policy. Appellant also requires registration of the respondents with the employment exchanges. For purposes of the age limit their respective age at the time of commencement of their earlier casual employment would be reckoned.

This concession is placed on record and the order of the High Court under appeal are set aside. The appeals are disposed of accordingly. No costs."  

As far as right of petitioner is concerned, same has been determined by the aforequoted   judgment of Hon'ble Apex Court on the concession given by Madhyakik Shikhsa Parishad. This fact has not been disputed that advertisement had been issued by the Madhyamik Shiksha Parishad and the petitioner had been asked to apply, but till date  Madhyamik Shiksha Parishad has not proceeded to make selection and appointment pursuant to said advertisement, and petitioner cannot have any legitimate grievance, as no directives can be given for mandatorily making appointment. His claim has to be considered within the parameters laid down by Hon'ble Apex Court, and not beyond the same. Petitioner has not at all stated that any fresh selection has been done and his claim has been ignored.

Writ petition lacks substance and the same is dismissed.  




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