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Allahabad High Court · body

2016 DIGILAW 3463 (ALL)

Gudiya Devi v. State of U. P.

2016-10-18

DILIP B.BHOSALE, YASHWANT VARMA

body2016
JUDGMENT Heard Mr. Brij Gopal Singh, learned counsel for the appellant and Mr. Ramanand Pandey, learned Standing Counsel for respondent Nos.1 and 2. This special appeal is directed against the order dated 15.9.2016 passed in Writ-A No.44006 of 2016, whereby the appellant's writ petition has been dismissed. In the writ petition, the appellant, challenged the Government Order dated 25.6.2016 as well as the consequential advertisement dated 27.6.2016 on the ground that the advertisement did not permit Shiksha Mitras who had completed two years' BTC Training Course by open and distance learning mode, to participate in the recruitment process. It is not in dispute that the appellant did not apply for the said post under the impression that the candidates, like the appellant, who had completed the two years' BTC Training Course by open and distance learning mode were not entitled to participate in the recruitment process. We have perused the advertisement dated 27.6.2016 and we are satisfied that the advertisement does not specify that candidates, like the appellant, who had completed two years' BTC Training Course by open and distance learning mode were not entitled to participate in the recruitment process. We have also perused the impugned order and the other material placed before us and are satisfied that the learned Single Judge, for the following reasons, has rightly dismissed the writ petition: "The case of the petitioner is that the advertisement specified the following training qualifications as eligible: 2 years BTC/ Special BTC/2 years BTC (Urdu)/ D.Ed.(Special Education) and 4 years B.EL.Ed. It has been submitted that since the 2 years BTC course obtained by Open and Distant Learning Mode was not specified, therefore, the petitioner could not apply and hence a direction may be issued to the respondents to permit the petitioner to apply for the post. Learned counsel for the respondents have submitted that is not provided in the advertisement that the 2 years BTC course certificate obtained through Open and Distant Learning Mode would not be considered eligible and, therefore, the petitioner ought to have applied under the advertisement and since the last date of the advertisement for submission of application form has already expired on 11.7.2016, no relief can be granted to the petitioner. I find substance in the submission of learned counsel for the respondents as from the record it does not appear that the advertisement had put any restriction on a candidate from applying pursuant to the advertisement, if she had obtained 2 years BTC course from Open and Distant Learning Mode. Accordingly, if the petitioner has not applied by the last date fixed for submitting online application pursuant to the advertisement, no relief can be granted to the petitioner." We do not find any reason to interfere with the impugned order. Hence, the special appeal is dismissed.