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Allahabad High Court directs Secretary, UP, Basic Shiksha Parishad, Prayagraj to take decision on district allotment on basis of quality point of representative

The Allahabad High Court has directed the Secretary, UP, Basic Shiksha Parishad, Shiksha Nedeshalaya at Prayagraj to take a decision on the district allotment representation of the petitioner assistant teacher by the end of the academic session on the basis of quality point marks.

A Single Bench of Justice Ashutosh Srivastava passed this order while hearing a petition filed by Aashi Teotia and Another.

By means of the petition, the petitioners are seeking issuance of a writ of mandamus commanding and directing the respondent no 3/Secretary, U.P Basic Shiksha Parishad, Shiksha Nideshalaya at Prayagraj, to forthwith reallocate the district in the select list of Assistant Teachers after considering the preference and total quality point marks of the petitioners within a specific period fixed by the Court.

Shresth Pratap Singh under the authority of Smt Archana Singh as well as Standing Counsel vehemently submitted that the similar controversy, as raised in the petition, has already gained attention of the Court in Writ- A (Hina Islam vs State Of U.P And 2 Others) along with connected cases, which writ petition has been dismissed by the Court order dated 20.10.2022, observing as under:-

11. I have heard counsels for the parties and perused the record.

12. The issue under consideration before the Court is with respect to allocation of the Districts to the candidates, who were selected as Assistant Teachers. The advertisement was issued way back in the year 2018 and the selection process was completed. The candidates, who were selected, have joined at their respective places of posting in the year 2018 itself. The Division Bench of the Court in Special Appeal No 274 of 2020 decided on September 14, 2021 passed a consenting order. It was further observed that the candidates already selected/posted and working in the respective districts of any category shall not be disturbed.

13. The Special Appellate Bench in Special Appeal Defective No 1048 of 2021 (O&M) Tiwari Manish and others versus State of U.P and others and Special Appeal No 274 of 2020 has further laid down that the things already which have already been settled, cannot be unsettled especially where there are large number of candidates still available, who have not challenged the order passed by the learned Single Judge. Any interference in the present appeals will open a floodgate and will not let the State to finalize the issue of allocation of districts to the selected candidates.

14. In view of the above, the Court is not inclined to interfere in the matter. The aforesaid bunch of writ petitions lack merit and are accordingly dismissed.

15. However, it is left open for the petitioner(s) to move a representation before the Secretary, U.P, Basic Shiksha Parishad, Shiksha Nedeshalaya at Prayagraj clearly setting out his/her/their claim.

16. In the eventuality of filing such a representation, it is expected that the Secretary, U.P, Basic Shiksha Parishad, Shiksha Nedeshalaya at Prayagraj shall consider and decide the representation for reallocation of district, in the end sessions of academic year so that the functioning of the institution may not be affected, in accordance with law.”

In view of the above, the Court is not inclined to interfere in the matter and accordingly, the Court dismissed the petition.

“However, it is left open for the petitioners to move representations before the respondent No 3/ Secretary, Basic Shiksha Parishad, U.P at Prayagraj, for reallocation of their districts within a period of three weeks.

In the eventuality of such representations being moved with the time allowed by this Court, the respondent No 3 is expected to consider and decide the representations, in accordance with law, at the end of the academic sessions so that the functioning of the institution may not be affected”, the order read.

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