JUDGMENT :

VIKAS BUDHWAR, J.

1. Heard Sri Sanjay Maurya, learned counsel for the writ petitioner as well as Sri Shailendra Singh, learned Standing Counsel who appears for respondents No. 1 and 2.

2. The case of the writ petitioner is that the State Government in order to achieve its noble objects to cope away with the scarcity of the regular teachers came up with a policy decision dated 24.07.2021 making short term appointments for a period of one year commensurate to the academic session in that regard. First in the league was the Government Order dated 24.07.2021. The said Government Order infused fresh light for the academic sessions to come in future and in this regard, the said Government Order was further followed in a subsequent Government Order dated 17.05.2023. As per the writ petitioner, another Government Order was issued on 25.05.2023 with regard to the modalities for appointment of teachers in Sanskrit Vidyalaya. In line with the said Government Order a notification was issued by the respondents dated 07.06.2023 for the purposes of making recruitment of Sanskrit Teachers for 14 posts including the Sukhnandan Sanskrit Pathshala, Mohammadpur, Mau. The writ petitioner as per own saying applied in pursuance of the said notification on 19.06.2023 and submitted his document before the institution so specified therein and thereafter triggered an Email to the District Inspector of Schools on 19.06.2023.

3. Since the candidature of the writ petitioner was not being considered for the post of Sanskrit Teacher so the writ petitioner preferred the present writ petition seeking relief to the extent that a mandamus be issued directing the respondents to consider the petitioner's application for the post of Sanskrit Teacher which was claimed to be submitted on 19.06.2023.

4. This Court entertained the writ petition on 21.07.2023 and passed the following order:

“This Court on 13.07.2023 has passed the following orders:

“Sri Sanjay Maurya, learned counsel for the petitioner submits that pursuant to the Government Order dated 07.06.2023 recruitment exercise was to be undertaken for recruitment of Sanskrit Teachers on 15 posts including the Sukhnandan Sanskrit Pathshala, Muhammadpur, Mau and the last date for receiving the application form was 23.06.2023.

In paragraph-5 of the writ petition, it has been averred that the writ petitioner preferred an application on 19.06.2023 and a specific submission has also been made in paragraph-8 of the writ petition that he had also submitted application through e-mail (online). However, now, he is not being allowed to participate in the interview on the pretext that his application sent on 19.06.2023 has been received after the last date, i.e. 23.06.2023.

Learned counsel for the petitioner further submits that as per the advertisement, the applications were to be submitted by both the modes, i.e. through online as well as offline and thus, he further submits that as per the covenant contained in the Government Order in question, which is at Page 11A of the paper-book dated 25.05.2023, minimum 15 days' time is to be accorded to the applicant to submit its application in that regard.

Sri Saurabh, who appears for the respondents no. 1 and 2 seeks time to obtain instructions. He is conscious about the fact that the matter is of extreme urgency so he requests a short time.

Put up as fresh on 17.07.2023, so as to enable the learned Standing Counsel to obtain instructions on the said issue.”

Pursuant to the said order the instructions have been received under the signature of the District Inspector of Schools, Mau, second respondent dated 19.07.2023 according to which the application form submitted by the writ petitioner was received after the due date i.e. on 24.06.2023 and the writ petitioner had sent an E Mail which was received on 19.06.2023 within time but it did not accompany the fees. Sri Pradeep Kumar Shahi learned Additional Chief Standing Counsel submits that he may be granted short time to file counter