Primary Teacher Recruitment :- not secure 40% marks in B.A. and has got only 39.61%, therefore, no appointment letter can be issued to him

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Primary Teacher Recruitment :- not secure 40% marks in B.A. and has got only 39.61%, therefore, no appointment letter can be issued to him

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 30

Case :- WRIT - A No. - 4593 of 2015

Petitioner :- Rakesh Kumar Rajawarha
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Kshetresh Chandra Shukla,Niraj Tripathi
Counsel for Respondent :- C.S.C.,Harendra Yadav

Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner, Sri Harendra Yadav, learned counsel for the respondents no. 4 and 5 and learned Standing Counsel for the State respondent.
The present writ petition has been filed for a direction to the respondents to issue letter of appointment to the petitioner to the post of Trainee Teacher in Primary School, Sonebhadra.
It is contended by the learned counsel for the petitioner that the petitioner, being eligible and qualified, had applied for being appointment as Trainee Teacher in Primary School pursuant to the advertisement dated 30.11.2011 and 20.12.2011, however, selection process was stopped on account of litigation pending before Hon'ble Apex Court and ultimately same took place and petitioner participated in counseling process and his counseling was done and his original documents were verified and direction was issued to him to deposit the photocopies of the entire documents in the office for the purpose of issuance of letter of appointment.� The petitioner was informed that he was selected and appointment letter will be issued between 19.1.2015 to 26.1.2015, however, no appointment letter has been issued to the petitioner inspite of the fact that he was duly selected and all papers were verified by the counseling committee.� It is also contended that the petitioner approached the respondent no. 5, where he was informed that since he did not secure 40% marks in B.A. and has got only 39.61%, therefore, no appointment letter can be issued to him.� It is further contended that at the time of counseling this question arose but the counseling committee treated 39.61% marks as 40% on the principle of round up and therefore, original documents of the petitioner were verified, therefore, reason, which is given for non-issuance of appointment letter of the petitioner, cannot be sustained.
Learned counsel for the respondents no. 4 and 5 prays for and is granted one week time to verify as to why the appointment is not issued to the petitioner.
Accordingly, put up on 11th February, 2015 before the appropriate Bench, by which time learned counsel for the respondents no. 4 and 5 as well as learned Standing Counsel shall obtain instructions in the matter.
Order Date :- 2.2.2015
Ashish

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