2020 Supreme(All) 645

IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Ruksar Khan – Petitioner
Versus
State of U.P. and Others – Respondents
Writ A Nos. 4535, 4540, 4613, 4656, 4666, 4677, 4700, 4731, 4742, 4774, 4790, 4827, 4872, 4881, 4934, 4935, 4938 of 2020
Decided On : 08-07-2020

Point of law:
Interference of the High Court under Article 226 of the Constitution is 3 clearly not warranted in such matters as it creates grave uncertainty since the selection process cannot be finally completed. Moreover, in the present case, the appointment was of a contractual nature for a period of eleven months. Hence, considering the matter from any perspective, the learned Single Judge was not in error in dismissing the petition under Article 226 of the Constitution.

Headnote:

U.P. Basic Education (Teachers) Service Rules, 1981 – Application – Errors – Petitioner and others in connected writ petitions are all candidates who have applied for posts of Assistant Teachers in Primary Schools maintained by Uttar Pradesh Basic Education Board – They have applied in response to an advertisement, inviting applications from eligible candidates, who wish to participate in Assistant Teachers Recruitment Examination, 2019, convened by Examination Regulatory Authority – Applications were required by advertisement to be submitted online for registration of candidates intending to participate in selection examination – Held, Public recruitment cannot be permitted to be a shaky affair with shifting positions of aspirants about their candidature – If this were to be permitted, it would introduce uncertainties in the recruitment process leading to its embarrassment – It has also to be borne in mind that where a number of posts have to be filled up, expeditious conclusion of the recruitment process requires an un-hassled and unhindered course to be run – It is bearing, thus, objectives all legitimate, in mind that the candidates have been held bound down by the entries they make in the application forms – This cannot be permitted to be set at naught by falling back upon the rather out of place consideration for human error – Court does not find any good ground to interfere – Writ Petitions Dismissed (Paras 62, 64, 65)

Fact of the Case:

Petitioner, Ruksar Khan and others in the connected writ petitions are all candidates who have applied for posts of Assistant Teachers in Primary Schools maintained by the Uttar Pradesh Basic Education Board. They have applied in response to an advertisement dated 05.12.2018, inviting applications from eligible candidates, who wish to participate in the Assistant Teachers Recruitment Examination, 2019, convened by the Examination Regulatory Authority, Prayagraj. The applications were required by the advertisement to be submitted online for registration of candidates intending to participate in the selection examination. In these applications, the candidates were required to fill up important personal details, educational qualifications etc. mentioning particulars such as roll numbers, relative to which a particular educational qualification was earned, the marks secured and the relative total marks, Special Reservation Category, if any and the like. The advertisement bore a bold caution, figuring as a centre-piece, that makes candidates aware about a declaration they would have to make, while filling up the online registration form. It reads (translated into English from Hindi vernacular).

Finding of the Court:

Public recruitment cannot be permitted to be a shaky affair with shifting positions of aspirants about their candidature – If this were to be permitted, it would introduce uncertainties in the recruitment process leading to its embarrassment – It has also to be borne in mind that where a number of posts have to be filled up, expeditious conclusion of the recruitment process requires an un-hassled and unhindered course to be run – It is bearing, thus, objectives all legitimate, in mind that the candidates have been held bound down by the entries they make in the application forms – This cannot be permitted to be set at naught by falling back upon the rather out of place consideration for human error – Court does not find any good ground to interfere.

Result: Writ Petitions Dismissed