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Smt. Pratibha Yadav v. State Of U.P. And Others - WRIT - A No. 30696 of 2007  RD-AH 11752 (11 July 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and the learned standing counsel. By consent of parties this writ petition is being finally disposed of.
By this writ petition the petitioner has prayed for quashing the order dated 7.5.2007 Annexure-11 to the writ petition by which the petitioner's candidature for special B.T.C. training -2004 has been cancelled. Petitioner's case in the writ petition is that the petitioner was selected for B.T.C. training course and after completion of the training course the petitioner was issued certificate and was also appointed on 31.12.2005 as Assistant Teacher in a primary institution and is working as such. Petitioner's case is that notice dated 16.3.2007 issued to the petitioner by the Principal which notice could be served on the petitioner only on 14.5.2007 and before the said date on 7.5.2007 petitioner's candidature has been cancelled on the ground that the petitioner was asked to submit reply within one week but neither the petitioner appeared nor submitted explanation.
The order dated 7.5.2007 by which the candidature of the petitioner has been cancelled itself notes that the petitioner neither appeared nor submitted explanation. Petitioner's case in the writ petition is that the said notice could be served only on 14.5.2007 and in support of the said allegation the petitioner filed the despatch register of the institution where the entries have been made that the letter could be served on the petitioner on 14.5.2007.
Considering the facts of the case ends of justice be served in disposing of the writ petition giving liberty to the petitioner to submit an explanation to the Principal in response to the notice dated 16.3.2007. In above view of the matter the order dated 7.5.2007 is set aside and the matter is remitted to the Principal for passing afresh order in accordance with law. The petitioner may submit his reply within two weeks before the Principal.
With the above observations the writ petition is disposed of.
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