The Allahabad High Court has directed 21 petitioners working in Jhansi district to submit a representation to the Principal Secretary of the Basic Education Department within three days regarding the appointment of Academic Resource Person.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Vivek Tiwari and 20 Others.
The petitioners have preferred the petition with the following prayers:-
“(i) Issue a writ order or direction in the nature of Certiorari quashing the Government Order dated 10.10.2024 issued by respondent no 1/Principal Secretary (Basic Education Department), Government of UP at Lucknow;
(ii) Issue a writ order or direction in the nature of Certiorari quashing the Order/Letter dated 18.10.2024 issued by respondent no 2 / Mahanideshak (Director General), School Shiksha/Rajya Pariyojna Nideshak, Samagra Shiksha Abhiyan, Vidya Bhawan, Nishatganj, Lucknow;
(iii) Issue a writ order or direction in the nature of Certiorari quashing the press communique/Notification / Advertisement dated 18.12.2024 & amended press communique /Notification / Advertisement dated 31.12.2024 issued/published by respondent no 3/ District Basic Education Officer, Jhansi;
(iv) Issue a writ, order or direction in the nature of mandamus commanding respondent- authorities to declare the petitioners eligible to apply for the post of Academic Resource Person (ARP) & permit them to apply & participate in selection process in pursuance of press communique/Notification / Advertisement dated 18.12.2024 & amended press communique/ Notification/ Advertisement dated 31.12.2024 issued/published by respondent no 3/ District Basic Education Officer, Jhansi, and further to declare the final result/ select list accordingly after conducting all stages (three-tier) of examination;
(v) Issue a writ order or direction in the nature of mandamus commanding respondent- authorities not to declare the petitioners disqualified in selection process which is going to be conducted in pursuance of press communique / Notification/ Advertisement dated 18.12.2024 & amended press communique / Notification/Advertisement dated 31.12.2024 issued/ published by respondent no 3/ District Basic Education Officer, Jhansi for the post of Academic Resource Person (ARP) in District- Jhansi;
(vi) Issue a writ order or direction in the nature of mandamus commanding respondent- authorities & directing them to extend tenure of petitioners/Academic Resource Persons (ARP) posted in all the development blocks of District Jhansi in Uttar Pradesh till UP becomes “Nipun Uttar Pradesh” (till session 2026-2027);
(vii) Issue a writ order or direction in the nature of mandamus commanding respondent- authorities to give benefit of some weightage marks to petitioners in proportion to their experience in new selection process which is going to be held by respondent no 3 for the post oF ARP (Academic Resource Person) in pursuance of press communique/ Notification/Advertisement dated 18.12.2024 & amended press communique / Notification/ Advertisement dated 31.12.2024 issued/published by respondent no 3/ District Basic Education Officer, Jhansi;
(viii) Issue a writ order or direction in the nature of mandamus commanding respondent nos 1 & 2 to decide representation dated 22.10.2024 submitted by association of petitioners (Academic Resource Persons Association UP) personally in office of respondents;”
It is argued by counsel for the petitioners that earlier a Government Order dated 22.10.2019 was issued by the respondent no 1 for appointment of Academic Resource Person. Pursuant to the same, all the petitioners submitted their application forms and they were duly selected and worked on the aforesaid posts.
It is further argued that there is no rider of three years in the earlier Government Order issued by the Government dated 22.10.2019 but now in the Government Order dated 10.10.2024 rider has been made that the persons who has worked on the aforesaid posts for a period of three years were not entitled to again participate in the fresh selection proceedings.
It is also argued that the aforesaid condition contained in the Government Order dated 10.10.2024 is arbitrary, unjust and illegal.
On the other hand, it was argued by the counsel for the respondents that in case petitioner will raise all their grievances before the respondent no 1, he will take a decision afresh in the matter expeditiously.
In response to the same, it is argued by Prabhakar Awasthi, counsel for the petitioners, that pursuant to the Government Order dated 10.10.2024 advertisements were also issued by the District Basic Education Officer inviting applications for appointment on the post of Academic Resource Person.
In this view of the matter, the Court disposed of the petition directing the petitioners to submit their comprehensive representation raising all their grievances before the respondent no 1-Additional Chief Secretary/Principal Secretary, Department of Basic Education, Government of UP, Lucknow within three days. If it is so respondent no1 is directed to take a decision in the matter most expeditiously and positively within a period of one week, thereafter but strictly in accordance with the law and without influenced by the observation made hereinabove.