Allahabad High Court High Court

Amit Kumar Gupta & Others vs State Of U.P. & Others on 9 July, 2010

Allahabad High Court
Amit Kumar Gupta & Others vs State Of U.P. & Others on 9 July, 2010
Court No. - 18

Case :- WRIT - A No. - 34502 of 2010

Petitioner :- Amit Kumar Gupta & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- N.S. Chaudhary,N.K.Chaudhary,Vikash
Budhwar
Respondent Counsel :- C.S.C.

Hon'ble Arun Tandon,J.

Nobody is present on behalf of the petitioners to press the present writ
petition even in the revised reading of the list.

Petitioners before this Court were appointed on contractual basis in
pursuance to the advertisement published on 17th December, 2009 as
full time teachers in Kasturba Gandhi Balika Vidyalaya. Under the
order of the Writ Court dated 25th May, 2010 passed in Civil Misc. Writ
Petition No. 23113 of 2010 (Ganesh Gupta & others versus State of
U.P. & others), the District Magistrate got an enquiry conducted in the
matter of recruitment made including that of the petitioner with
reference to the Advertisement dated 17th December, 2009. It has
been found that advertisement itself was defective as also the
constitution of the Selection Committee. The District Magistrate,
therefore, after affording opportunity of hearing to the petitioner,
cancelled the appointment made after recording that the reservation,
post-wise, was not applied and further constitution of the selection
committee itself was illegal . It is against this order that the present writ
petition has been filed.

I am of the considered opinion that the order of the District Magistrate
passed after affording opportunity of hearing to the petitioner cannot
be said to be illegal in any manner. Petitioners were only contractual
appointees. The selections have been cancelled for good and valid
reasons.

The present writ petition is accordingly dismissed.

Interim order, if any, stands discharged.

(Arun Tandon, J.)

Order Date :- 9.7.2010
Sushil/-