Chief Justice's Court Case :- SPECIAL APPEAL No. - 1168 of 2010 Petitioner :- Najma Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Vijay Sinha Respondent Counsel :- C.S.C.,Jagdish Chand Hon'ble Ferdino Inacio Rebello, Chief Justice Hon'ble Amreshwar Pratap Sahi, J.
We are not inclined to interfere with the impugned order.
However, we find that the appellant has already completed eight
months training of the Basic Teaching Certificate Course. The
respondent no.5, who has succeeded, cannot be called back from
the said seat, and adjusted against another seat for the said
academic year. Considering these aspects and the peculiar features
of the matter, the learned Single Judge found that the objection
raised by the appellant, though had some merit, was purely
technical in nature to oust the respondent no.5.
In view of the aforesaid circumstances, we dispose of the appeal
by passing the following order:-
“The appellant will be permitted to complete the course. However,
based on the said completion, she would not be entitled to be
absorbed in the service automatically. If there be any vacancy, the
appellant’s case can be considered.”
(A.P. Sahi, J.) (F.I. Rebello, C.J.)
Order Date :- 28.7.2010
AHA