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Shailendra Kumar Mishra v. U.P.Secondary Edu. Service Comm. & Sele. Board,Alld. & Ors. - WRIT - A No. 10116 of 2002 [2006] RD-AH 1752 (23 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Tarun Agarwala,J.

Heard the learned counsel for the applicant and the learned Standing Counsel for the opposite parties. No one appears on behalf of the Committee of Management inspite of the issuance of the notice by registered post.

It transpires that pursuant to an advertisement issued by respondent no.1, the petitioner applied for the post of Hindi Lecturer and was placed at Sl.No.2 in the select list. It transpires that the candidate at Sl.No.1 of the select list joined the institution managed by respondent no.4 and after a couple of days resigned and left, as a result of which the vacancy on the post of Lecturer in Hindi remained vacant in the institution managed by respondent no.4.

The petitioner has filed the present writ petition praying that he being at Sl.No.2 of the select list was entitled to be considered for appointment in the institution managed by respondent no.4 or at any other college.

In support of his submission the learned counsel for the petitioner has relied upon a Government Order dated 4.8.1999 which permitted a selected candidate at Sl.No.2  to be given appointment where the candidate at Sl.No.1 joined and left in a couple of days. The learned counsel further relied upon the case of Smt. Usha Wahi and others vs. District Inspector of Schools and others, 2001(1)E.S.C.56.

In view of the aforesaid, this petition is disposed of with a direction to the petitioner to move an appropriate representation before the Secretary of the  U.P. Secondary Education Service Commission and Selection Board, Allahabad annexing the Government Order as well as the judgment of the Court. The Secretary will decide the representation by a reasoned and speaking order  within six weeks from the date of production of a certified copy of this order.

With the aforesaid direction the writ petition  is disposed of.

Dated: 23.1.2006

AKJ. (WP 10116/02)


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