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Allahabad High Court · body

2016 DIGILAW 2818 (ALL)

Sheela Yadav v. State of U. P.

2016-08-16

MANOJ MISRA

body2016
JUDGMENT Manoj Misra,J. Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 and 4; Sri Arun Kumar for respondents 2 and 3; and perused the record. The petitioner has filed this writ petition for a direction upon the Basic Shiksha Parishad, Allahabad to accept the off line form of the petitioner for recruitment on the post of Assistant Teacher in Primary Schools pursuant to the Government notification dated 16.6.2016. The case of the petitioner is that applications were invited on line from eligible candidates and the last date fixed for submission of application was 11.7.2016 but on the said date the web site concerned became non functional, therefore, the petitioner could not submit her on line application, as a result, the petitioner was precluded from applying. Upon consideration of submissions of learned counsel for the petitioner, on 9.8.2016, following order was passed: "The case of the petitioner is that for submission of online form to participate in the recruitment process against 16448 posts of Assistant Teachers in Primary Schools run by the Basic Shiksha Parishad, the last date fixed was 11.07.2016, on which date, the server of the website concerned was non-functional and, therefore, the petitioner could not submit her online form, as a result, she has been precluded from applying. It is thus the prayer of the petitioner that a direction may be issued to the respondents to accept the offline form of the petitioner. Sri Arun Kumar, who represents the respondent nos.2 and 3, shall seek instructions from the authorities concerned as to whether on the said date i.e. 11.07.2016 the server of the respondent was non-functional or not and, if it was functional, then how may applications, online, were received on that date. As prayed, put up, as fresh, on Friday i.e. 12.08.2016." Pursuant to the above order, on 12.8.2016, Sri Arun Kumar had appeared on behalf of respondents 2 and 3 and made a statement that according to the email information received by him, according to data available, on 11.7.2016 as many as 11,799 applications were submitted on line. In view of above submission made by Sri Arun Kumar, on 12.8.2016, the following order was passed: "Sri Arun Kumar appearing on behalf of the respondents 2 and 3 states that on account of State wide strike of employees, the necessary instructions could not be obtained in appropriate format. In view of above submission made by Sri Arun Kumar, on 12.8.2016, the following order was passed: "Sri Arun Kumar appearing on behalf of the respondents 2 and 3 states that on account of State wide strike of employees, the necessary instructions could not be obtained in appropriate format. However, he has received an email from the Basic Education Officer, Allahabad disclosing that on 11.07.2016 as many as 11799 applications were submitted online according to the data available. It has thus been submitted that the contention of the petitioner that on 11.07.2016, the server of the website concerned was not functional is incorrect. Let the aforesaid fact be brought on record by obtaining written instructions duly signed by the person concerned. As prayed, put up, as fresh, on Tuesday i.e. on 16.08.2016." Pursuant to the above order, written instructions duly signed by the Joint Secretary, U.P. Basic Shiksha Parishad, Allahabad obtained by Sri Arun Kumar have been produced before this Court disclosing the number of online registrations date wise. According to the data produced before the Court in all 71,380 registrations were made on line out of which on the last date i.e. 11.7.2016 as many as 11,799 applications, on line, were submitted. In view of above, the contention of the petitioner that on the last date i.e. 11.7.2016 the web site became non functional cannot be accepted and the writ petition is accordingly dismissed. The written instructions produced before the Court today, are taken on record.