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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Secretary Basic Shiksha Parishad – Appellant
Versus
Vinay Kumar Pandey – Respondent
JUDGMENT :
Hon'ble Ashwani Kumar Mishra, J.-Delay in filing of defective appeals are explained to the satisfaction of the Court. Delay Condonation Applications are allowed. The appeals are treated to be filed within time and taken up on board for hearing with the consent of learned counsel for the parties.
2. This bunch of special appeals arise out of the judgment of learned Single Judge dated 12.1.2024, passed in a batch of writ petitions raising similar questions of law and fact. While disposing of the writ petitions, learned Single Judge has allowed the claim of 12091 shortlisted candidates for appointment as trainee teachers while claim of others, who claimed parity with the 12091 shortlisted candidates on the ground that their performance was similar or superior has been rejected. To the extent claim of 12091 shortlisted candidates are allowed the State of Uttar Pradesh and the Secretary, Basic Shiksha Parishad, Uttar Pradesh, Allahabad are aggrieved and have filed Special Appeal Nos. 160 of 2024 and 175 of 2024. Other Special appeals are preferred by those candidates whose
The court affirmed that appointment claims require direct engagement in the selection process, emphasizing no valid grievances from unlisted candidates based on prior judicial findings.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
Appointment – Orders of Court cannot be allowed to operate at conflict with requirements of merit – Any eventuality leading to advantage of less meritorious candidates at the cost of meritorious one ....
Appointments for Grade III Teachers must reflect accurate merit while adhering to court directives on recruitment processes, ensuring transparency and fairness in selections.
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
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