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In a batch of petitions filed by candidates of U.P. Assistant Teacher (L.T. Grade), Allahabad High Court on Tuesday directed State to declare the pending results.

State Government’s decision to debar the petitioners for being overage was challenged on the ground that the petitioners were eligible and participated in the previous recruitment which was later discontinued, making them age barred when fresh recruitments were done.

A Single Judge Bench of Justice Ashwani Kumar Mishra held,

“This Court is inclined to recognize the right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.”

Court added,

“I am of the considered opinion that even if previous recruitment was cancelled and change of policy by the State has been affirmed in the case of Himanshu Shukla (supra), which judgment has otherwise been affirmed with dismissal of Special Appeal and Special Leave Petitions, the applicants would be entitled to the limited protection of applying afresh against advertisement dated 15.3.2018 and also from the age bar imposed.”

Brief Facts of the case

The process of filling up 6645 posts of Assistant Teachers (L.T. Grade) in Government Secondary Schools was initiated in 2014 and an advertisement came to be issued on 19.12.2016.

All the petitioners in the present bunch of writ petitions were eligible for the post and consequently applied online as per the advertisement dated 19.12.2016. This recruitment, however, could not be concluded apparently due to change in the recruitment policy and a decision was taken to discontinue the recruitment.

The advertisement was cancelled. A fresh advertisement came to be issued on 15th March, 2018 advertising 10768 posts of Assistant Teachers (L.T. Grade) in Government Secondary Schools.

Petitioners, who were eligible and had already applied against the previous Advertisement, dated 19.12.2016, however, became overage by the time fresh Advertisement was published on 15.3.2018.

However, High Court through an earlier judgement granted them relief to appear in the exam, of which the result has been not declared by the authorities.

Petitioner’s averments

It was contended by the petitioners that vacancy on the post of Assistant Teacher (L.T. Grade) had not only arisen when petitioners were eligible in terms of age but were also advertised and, therefore, petitioners acquired right to be considered for appointment against such advertised vacancy and such right could not be defeated in the manner as has been done by the State.

It was argued that the petitioners who have secured selection on the strength of their merit are entitled to declaration of their results and consequential appointment.

Order

Directing the State Government to release the result of the petitioners, the Court noted that this direction, however, is on the facts of this case and shall not be treated as a precedent in other cases.

(Case Title- - Divya Prakash Mishra And 32 Others vs. State Of U.P. And 3 Others)