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IN THE HIGH COURT OF ALLAHABAD
SIDDHARTHA VARMA, YOGENDRA KUMAR SRIVASTAVA
Padmakar Dixit – Appellant
Versus
State of UP – Respondent
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner-appellant and Sri Kushmondeya Shahi, learned counsel appearing for the Board of Basic Education.
2. Instant special appeal has been filed challenging the judgment and order dated 1.3.2024 passed by a learned Single Judge of this Court in Writ-A No.695 of 2023 (Padmakar Dixit vs. State of UP & Others), whereby the writ petition filed by the petitioner-appellant has been dismissed.
3. By a notification dated 16.6.2016, the State Government notified a recruitment of Assistant Teachers in the State of Uttar Pradesh to all the Basic Shiksha Parishad Schools and to that effect, an advertisement was also issued on 27.6.2016. Applications were invited for recruitment in all the districts of Uttar Pradesh between 30.6.2016 to 15.7.2016. In the advertisement, it was provided that in the first round of counselling, a candidate could apply for being appointed as Assistant Teacher only in the district from where he/she had done his/her BTC Training Certificate Course. However, it was provided that in the second round of counselling, a candidate could apply for the remaini
Unfilled reserved vacancies can be filled by general candidates post-amendment to the Act, shifting the burden of proof to the appointing authority.
The court ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
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.
The court affirmed that eligibility criteria for reserved positions must be strictly adhered to, ruling against the appointment of an ineligible candidate.
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....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
The main legal principle established is the requirement for fairness and equal opportunity in the selection process, as well as the need to address the grievances of candidates who were not part of t....
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.
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
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