Taking a tough stand against the Basic Education Council, Prayagraj for not appointing the petitioner as an Assistant Teacher, despite her getting more marks than the last selected candidate, the Allahabad High Court has summoned the BEC, Prayagraj Secretary to remain present before it, on the next date of hearing.
A Single Bench of Justice Saral Srivastava passed this order on Wednesday, while hearing a petition filed by Visale Zehra.
The petitioner said her candidature for appointment to the post of Assistant Teacher (Urdu) was rejected by the District Basis Education Officer, Amroha on April 15, 2014 on the ground that she has passed Moallim-e-Urdu after graduation.
Being aggrieved by the said order dated April 15, 2021, the petitioner preferred a writ petition before the Court, which ordered the District Basic Education Officer of Amroha on March 21, 2018 to consider the claim of the petitioner afresh. Now, the claim of the petitioner has been rejected on the ground that there is no post in existence.
“In the rejoinder affidavit, the petitioner has specifically averred that if the quality point marks are calculated, as per the index provided in the advertisement, the petitioner would secure 55.285 marks, which is more than the cut off marks obtained by the last selected candidate,” noted the Court.
In the backdrop, the Court order dated October 1, 2021 directed the Basic Education Officer, Amroha to file a personal affidavit, stating that if the quality point marks of the petitioner are calculated, as per the index in the advertisement, how much marks she would secure.
In the personal affidavit, the Basic Education Officer, Amroha stated that the petitioner would secure 55.285 quality point marks.
The Court found that denial of appointment to the petitioner on the ground that no post exists was not sustainable since it was only on account of illegal and arbitrary action of the respondents, the petitioner has been denied her lawful right of appointment and for such right, she has been running from pillar to post for the past seven years.
The Court then directed the Secretary of Basic Shiksha Parishad, Prayagraj to appear before it on the next date of hearing (October 18) to explain as to how the petitioner can be denied appointment on the ground of non-existence of any post, when the quality point marks secured by the petitioner were more than the quality point marks secured by the last selected candidate.