The Allahabad High Court has granted big relief to a lady constable, who was denied appointment on the post of Assistant Teacher, as she could not register online for the counselling.
What’s the matter?
The U.P. Government notified 69000 vacancies relating to the post of Assistant Teacher.
As per the scheme of the process of selection, in the first phase aspirants were to compete the test of 2019 and then to go for counselling.
The appellant-petitioner, a female member of the Other Backward Caste class holding the post of Constable in the Uttar Pradesh Police submitted an application in pursuant to the notification dated 16.05.2019 and participated in a written test.
On 24 March, 2020 nationwide lockdown was declared to combat the virus COVID-19. During
lockdown, result of the written test was declared on 12th May, 2020. The appellant-petitioner secured 67.8% marks
She was to attend counselling on 28th May, 2020 subject to submitting an online requisition for the purpose. The appellant-petitioner at the relevant time was deputed with COVID-19 duties at Gorakhpur. Her original documents were lying at her native place and during the period of
lockdown she had no means to borrow the same from her home.
However, on the day next to calling of the lockdown she submitted a representation to the authority competent to allow her to attend the counselling.
When no response was received the Petitioner approached the Allahabad High Court.
Single Judge Dismissed the Petition
The Single Judge of Allahabad High Court dismissed the Writ Petition observing that it is not the case of the petitioner that she did not had the requisite facility to either access the
internet or to submit the application online. The submission of choices for the purposes of participating in the counselling did not require any physical steps to be taken.
Got Relief in Special Appeal
A Division Bench of Hon’ble Chief Justice Govind Mathur and Justice Piyush Agarwal allowed the appeal filed against the Judgment of Single Judge.
The Court observed that the appellant-petitioner is a young girl from rural part of Uttar Pradesh belonging to Other Backward Caste. Presently she is holding the post of Constable in Uttar Pradesh Police. As a part of her duty, she was posted in an operation to combat COVID-19 pandemic duties at Gorakhpur.
Hon’ble Judges observed that:
True it is, the online process was available to the appellant petitioner but the Court should have examined whether a person working as Constable had any opportunity to leave her duties and to avail a device to satisfy the online process.
Being a person discharging duties to combat COVID-19, she must be having an expectation to have support from the system in all adversaries for her further development. The denial to consider her request to face counselling reflects arbitrariness and also an approach unfair and unjust.
The circumstances would have been different if the counselling would have been completed or the process of selection would have not been in currency but that is not so. Admittedly, the counselling is still going on and will continue till 30th December 2020.
Considering above the High Court allowed the appeal and set aside the Judgment of Single Judge. The Court has directed the authorities to allow the Appellant to participate in the counselling and consider her candidature for appointment on the post of Assistant Teacher.
Titile: Km, Sunita vs State of U.P. and Others
Case No.: SPLA (D) 1189 of 2020
Coram: Hon’ble Chief Justice Govind Mathur and Justice Piyush Agarwal
Date of Judgment: 07.12.2020