Allahabad High Court
Sudhakar Sharma vs State Of U.P. And 2 Others on 4 August, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:157217
Court No. - 4
Case :- WRIT - A No. - 17255 of 2021
Petitioner :- Sudhakar Sharma
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sunil Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Civil Misc. Recall / Restoration Application No. 4 of 2022:-
1. The present application has been filed with the prayer to recall the order dated 01.12.2021 passed by this Court.
2. It is stated that the present petition was dismissed on the basis of the reliance placed before this Court of the judgment passed by the Division Bench of this Court on 25.08.2021 in bunch of Special Appeals being leading Special Appeal Defective No. 343 of 2021 (Abhishek Srivastava and 14 others vs. State of U.P. and 2 others).
3. It is further stated in paragraph-4 of the affidavit that the aforesaid judgment is not applicable in the present case. It is further argued that the case of the petitioner was in respect of T.G.T. examination 2021, the result of which has not been declared on the ground that the O.M.R. Sheet is not darken in circle of question booklet series 'B' whereas petitioner properly filling booklet series 'B' in O.M.R. Sheet. It is further argued that due to some mistake, the aforesaid facts were not placed before this Court and altogether a different order has been passed.
4. It is argued that questions of law which involved in the case of Abhishek Srivastava (Supra) regarding the value of one mark to the litigants in respect of question no. 60, insofar as the present case is concerned, there is no such dispute brought in the present case. The case of the petitioner is that though filling up the OMR Sheet the column meant for booklet series has been correctly filled by the petitioner but it transpires that the petitioner failed to darken in circle in option under the said head.
5. In this view of the matter, the Court is of the opinion that the order dated 01.12.2021 is liable to be recalled and is hereby recalled.
Order on Writ Petition:-
1. The present petition has been filed inter-alia with the prayer to direct the respondents to declare the result of the petitioner of Trained Graduate Teacher (TGT) Examination-2021 subject Science after permitting rectification of the mistake pertaining to booklet Series darken in circle, within period to be specified by this Hon'ble court. Further to direct the respondents to issue appointment letter to the petitioner after declaration of the result of the Trained Graduate Teacher (TGT) Examination-2021.
2. He placed reliance upon the judgment delivered by this Court in Writ A No. 17932 of 2022 which was disposed of vide order dated 11.04.2022. The operative portion of the order dated 11.04.2022 is reads as follows:-
"Under these circumstances, present writ petition is disposed of with direction to respondent no.3-Secretary, Uttar Pradesh Secondary Education Services Selection Board, Prayagraj to consider and decide petitioner's representation dated 28.10.2021 in accordance with law by reasoned and speaking order, as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order."
3. Heard counsel for the petitioner and perused the record.
4. From perusal of the facts as narrated in the present petition, it appears that for the the relief sought by the petitioner in the present petition, representation has already been made by him before the Secretary, U.P. Secondary Education Service Selection Board, Prayagraj on 11.08.2021, copy of which is append as Annexure-7 to the present writ petition. It is argued that authority concerned be directed to decide the representation submitted by the petitioner.
5. In view of above, the writ petition is disposed of finally, permitting the petitioner to submit the copy of the order passed today along-with the copy of the representation dated 11.08.2021 before the respondent no.3, Secretary, U.P. Secondary Education Service Selection Board, Prayagraj within a period of three weeks from today. If it is so, the respondent no.3 is directed to take a decision on the same, in accordance with law, expeditiously and preferably within a period of one month from the date of presentation of the certified copy of this order.
Order Date :- 4.8.2023
Swati
