(Uday Umesh Lalit and D.Y. Chandrachud, JJ.)
Sanjai Kumar and Others ________________________ Petitioner(s);
v.
Dr. Prabhat Kumar _______________________________ Respondent.
Conmt. Pet.(C) No. 1332-1360/2018 In C.A. No. 4347-4375/2014, decided on October 4, 2018
With
Conmt. Pet.(C) No. 1391-1419/2018 In C.A. No. 4347-4375/2014 (III-A) (For Admission and IA No. 97373/2018-Exemption From Filing O.T.) Conmt. Pet.(C) No. 1673-1701/2018 In C.A. No. 4347-4375/2014 (III-A) (For Admission and IA No. 122327/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. Mr. Siddharth Dave, learned advocate appearing for the petitioner in Contempt Petition Nos. 1391-1419 of 2018 submitted that in terms of the order dated 07.12.2015 passed by this Court at the interim stage, 12091 candidates were found to be eligible by the State Government. The submission made on behalf of the State was recorded thus:
“At this juncture, we may state that Mr. Bhatia, learned AAG submitted that in pursuance of the direction of this Court on the earlier occasion and prior to that more than 75,000 representations were received and after scanning the same, the State Government has found 12,091 persons eligible for being appointed subject to verification of antecedents. Let the said persons be appointed subject to the said verification within six weeks hence.
2. As per his submission, all those 12091 candidates were to be given appointment subject to verification of the antecedents. Mr. Dave then invited our attention to the reply affidavit filed by Dr. Prabhat Kumar, Additional Chief Secretary, Basic Education, Government of Uttar Pradesh, wherein it has been stated that out of this body of 12091 candidates, only 400 candidates were selected. According to Mr. Dave, nothing has been indicated in the affidavit as to why and in what manner only 400 names could be selected.
3. Mr. Pallav Shishodia, learned senior counsel appearing for the State drew our attention to Annexure A-2 annexed to said reply affidavit. According to him, after having found 12091 candidates to be eligible, the State had undertaken an exercise where going by the choice given by the candidates at the stage of counselling, 400 candidates came to be selected. According to him, all the present petitioners did not fulfil the cut-off as against Districts they had opted for and, therefore, they were not selected.
4. Having gone through the records, we deem it appropriate to pass the following directions:
A. The entire record including the stages when names of 400 candidates were selected from out of the entire body of 12091 candidates be placed before the Court. The record of the counselling shall also be made available for perusal of the Court. Copies of the record need not be filed but the original record shall be made available for perusal of the Court.
B. A responsible officer who is aware of the intricacies of the matter may also be asked to remain present on the next date of hearing.
5. List the matters on 27.11.2018.
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