Sadhana Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 7605 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 4458 of 2023
 

 
Petitioner :- Sadhana Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Pravesh Pandey,Ram Brij Napit
 
Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta
 

 
Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the petitioner and Shri Harsh Vardhan Gupta, learned counsel, who has put in appearance on behalf of the respondent nos. 2 & 3. Learned Standing Counsel has accepted notices on behalf of the respondent no. 1.

The writ petitioner has approached this Court being aggrieved by the order dated 04.01.2023 passed by the Secretary, Board of Basic Education, U.P. at Prayagraj, i.e. respondent no. 2, as also the consequential order dated 16.01.2023 passed by the District Basic Education Officer, Kaushambi. By the order dated 04.01.2023 the entire proceedings undertaken by the District Basic Education Officer, Bahraich, for releaving the petitioner to join at District Kaushambi have been cancelled on the ground that the petitioner is not covered by ratio of Writ Petition No. 19737 of 2018 (Shikha Singh & others vs. State of U.P. and others) and Special Appeal No. 274 of 2020 (Amit Shekhar Bharadwaj vs. State of U.P. and others). By the order dated 16.01.2023 the petitioner has been releaved from the post of Assistant Teacher, Prathamik Vidyayalay, Chaknagar Ist, Vikas Khand-Manjhanpur.

It is the case of the Writ Petitioner that she participated in the Assistant Teachers Recruitment, 2018 examination as an OBC candidate and qualified the same with 63.48 quality point marks. As per the guidelines regarding the appointment the selected candidates would be given appointments on the basis of the preferences given by them and the quality point marks obtained. The petitioner in her application form gave Ist preference to District-Kaushambi, 2nd to Fatehpur, 3rd to Allahabad and Bahraich was her 12th option. The petitioner was allotted District Bahraich. Several candidates who had obtained lower quality point marks had been allotted the districts of their choice while the petitioner who had higher quality point marks was not allotted the District of her choice. The matter was agitated by the petitioner by moving a representation before the Secretary, Board of Basic Education but to no avail. The petitioner, thereafter, filed Writ Petition No. 19637 of 2018 before this Court. The writ petition was disposed of on 14.09.2018 with the observation that the Court did not find any merit and substance in the writ petition, however, it was left open to the authority concerned to revisit the decision of posting for the petitioner if the petitioner represents before the authorities. In compliance of the order passed by this Court the Secretary, Board of Basic Education passed an order dated 18.04.2019 requiring the petitioner to get herself impleaded in Writ petition No. 19737 of 2018 (Shikha Singh and others vs. State of U.P. and others) in which similar issues were being agitated and the Board would abide by the outcome of the same. The Writ petition no. 19737 of 2018 was decided holding that those teaching staff belonging to the meritorious reserved category would be entitled to be considered for their postings on the basis of their respective merit positions. The decision in Writ Petition No. 19737 of 2018 was carried in Special Appeal No. 274 of 2020 (Amit Shekhar Bhardwaj & Ors vs. State of U.P. & Ors). The Special Appeal was disposed of with certain directions which are being reproduced hereunder:

"26. We have given a thoughtful consideration to the argument advanced from both the sides and looking to the facts that examination was conducted in the year 2018, and, placement/posting being given in the said year and candidates having joined at their respective place of posting in 2018 itself, with the consensus arrived at between the counsels of both the sides as well as consent of the Board, we are proposing to pass the following order :

I. The candidates already selected/posted and working in the respective district of any category, shall not be disturbed.

II. The judgment in favour of the Meritorious Reserved Caste Candidates is not interfered. The petitioners-appellants belonging to Reserved Caste category would submit an application before the Board for change of posting pursuant to the judgment of the learned Single Judge within a period of two months of this judgment. The Board would thereupon process the case and post them as per their choice within two months. This direction would not be applicable in general but limited to the petitioners-appellants whose writ petitions were allowed by the learned Single Judge.

III. The appellants and Intervenors belonging to Open General category shall give option of three districts for their posting which would be considered by the Board within two months. They would be posted in any of the district of their choice subject to availability of the vacancy in the district concerned.

27. The directions given hereinabove are with the consent of the parties thus, it would not be treated to be precedence. If fresh litigation comes, it would not be driven by this judgment."

It is further submitted by the counsel for the petitioner that in compliance of the directions of the Special Appellate Bench of this Court the Secretary, Board of Basic Education proceeded to pass general orders on 04.07.2022 directing the District Basic Education Officers to pass appropriate orders regarding the posting of teaching staff in order of their preferences and quality point marks. The petitioner in compliance thereof who had been allotted the District Bahraich was releaved and joined Primary School, Chaknagar, Pratham, Manjhampur, District-Kaushambi on 13.07.2022 and had been discharging her duties till passing of the impugned order.

Learned counsel for the petitioner in the aforesaid backdrop submits that the petitioner had approached this Court by means of the Writ Petition No. 19737 of 2018 which was disposed of vide order dated 14.09.2018 and in compliance thereof the Secretary Board of Basic Education on the representation of the petitioner held that the claim of the petitioner would be decided upon the outcome of the judgment rendered in the Case of Shikha Singh (Supra). The respondent authorities in compliance of the decision in the case of Shiksha Singh took a conscious decision to post the petitioner in District Kaushambi. The petitioner is to be treated as a meritorious reserved caste candidate and the Division Bench in Special Appeal No. 274 o4 2020 (Amit Shekhar Bhardwaj & Others vs. State of U.P. & Others) has observed that the decision in favour of the meritorious reserved caste candidates was not to be interfered with. The Division Bench further provided that the candidate already selected/posted and working in respective districts of any category shall not be disturbed. It is thus contended that the impugned orders are in the teeth of the decision of this Court rendered in case of Shikha Singh (supra) and Amit Shekhar Bhardwaj (Supra) and are liable to be set aside. The writ petition is liable to be allowed.

Per contra, Sri Harsh Vardhan Gupta, learned counsel for the respondent no. 2 & 3 in opposition to the writ petition submits that the petitioner had approached this Court by means of Writ Petition No. 19737 of 2018 raising a grievance that she had not been allotted a district as per her preference and quality point marks. The Court found that the petitioner had participated in counselling for district Bahraich and she was given posting in the district Bahraich which was in tune with the policy decision dated 19.08.2018 issued by the U.P. Basic Shiksha Parishad which provided that a candidate who has participated for a particular district in the counseling should be posted in the same district. The Court thus found no substance in the claim of the petitioner. The Court however, permitted the petitioner to represent to the authorities. The Secretary, U.P. Board of Basic Education while deciding the representation apprised the petitioner about pendency of the Writ Petition of Shikha Singh (Supra) and also to the order dated 28.11.2018 for and consequent publication of notice advertisement in various News Daily's in Hindi and English requiring the Teachers who may have concern to get themselves impleaded in the proceedings of Writ petition No. 19737 of 2018. The petitioner admittedly did not get herself impleaded in the Writ petition. The Division Bench in Special Appeal No. 274 of 2020 has limited the direction in the Special Appeal to petitioner-appellants whose writ petitions were allowed by the learned Single Judge. Thus the petitioner is not covered by the ratio of Shikha Singh (supra) or Amit Shekhar Bhardwaj (Supra). Besides the petitioner on her own showing was releaved from District Bahraich pursuant to the general orders dated 04.07.2022 of the Secretary, Board of Basic Education on 13.07.2022 which is on a date posterior to the dates of the decision rendered in the cases of Shikha Singh and Amit Shekhar Bhardwaj (supra). Thus the petitioner is not entitled to the relief claimed and the writ petition is liable to be dismissed.

Having heard the learned counsel for the parties and having perused the record and having given conscious thoughtful consideration to the facts and circumstances that stand attracted to the case at hand find substance in the submissions of the learned counsel for the respondents. Admittedly the claim of the petitioner for being allotted Kaushambi District had been negated. The petitioner had been discharging her duties as Assistant teacher at Bahraich at that time. On the representation of the petitioner filed pursuant to the liberty granted by order dated 14.09.2018 passed in Writ Petition No. 19637 of 2018 the Secretary, Board of Basic Education passed an order that the claim would be decided in terms of the order passed in the Case of Shikha Singh (supra). The order passed in the case of Shiksha Singh was subject to Special Appeal which was disposed of with certain observations reproduced herein above. In the opinion of the Court it is the directions of the Special Appellate Bench which will hold the field. As per the directions the allotment of district Bahraich to the petitioner was not liable to be disturbed as per clause I of para 26 of the decision. The petitioner cannot get benefit of clause II of para 26, inasmuch as the directions would not be applicable in general but limited to the petitioners-appellants whose writ petitions were allowed by the learned Single Judge while deciding the case of Shikha Singh. Further, the directions of the Special Appellate Bench were not to be treated as a precedence.

In view of the above, the Court finds no substance in the writ petition. Dismissed.

Order Date :- 16.3.2023

Deepak/