Court No. - 26 Case :- WRIT - A No. - 3798 of 2003 Petitioner :- Smt. Uttara Dixit Respondent :- State Of U.P. & Another Petitioner Counsel :- W.H.Khan,J.H.Khan Respondent Counsel :- C.S.C.,P.K.Sharma Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The claim made in the present writ petition is that the petitioner
who applied for appointment as Assistant Teacher in the Junior
Basic School, her application has not been considered on the
ground that she is not having a degree from the State of U.P. The
petitioner submits that this action of the respondent is against the
judgment of this Court reported rendered in the case of Upendra
Rai Vs. State of U.P. and others reported in 2000 (2) UPLBEC
1340.
Learned Standing Counsel informs that the judgment in the case of
Upendra Rai (Supra) has already been set aside by the Apex
Court which is reported in 2008 (3) SCC 432 Basic Education
Board Vs. Upendra Rai. In such circumstances at this stage, the
petitioner cannot be granted any relief. It is however, open to the
petitioner to make an application as and when any advertisement is
made in future and in case she is able to show the authorities that
she is having an equal qualification and is eligible for
consideration for the appointment, the same may be done by the
relevant authroity.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 7.1.2010
V.Sri/-