Neutral Citation No. - 2025:AHC:69287 Court No. - 38 Case :- WRIT - A No. - 6181 of 2018 Petitioner :- Akhilesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satendra Tirpathi Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the records. 2. Submission is that pursuant to the notification dated 27.09.2014, as the petitioner is eligible for the post of Assistant Teacher in English (LT Grade), made an application under the Scheduled Caste category, the Director of Education (Secondary), UP, Lucknow issued directions on 05.11.2015 for preparation of merit- list. Accordingly, on 16.11.2015, a merit-list was prepared and published and the cut off marks under the Scheduled Caste Category for English was 67.85 and the petitioner got 68 marks. 3. Further the counselling has taken place on 24.11.2015 and the final select list has been published wherein petitioner's name is figured at Serial No.4 with control no.779 in the final selected list of candidates in English. Subsequent to final select list, the only procedure contemplated is verification of certificates. When all the other selected candidates were given appointment letters excluding the petitioner, the petitioner has made a representation on 30.03.2017 and the same was not acted upon. Therefore, the petitioner has approached this Court by filing the present writ petition. 4. After notice, Joint Director of Education (Secondary), Allahabad Region, Allahabad has filed it's counter affidavit. The basic averment in the counter affidavit is that the petitioner was selected on the basis of academic merits to the post of Assistant Teacher in English under the reserved category of scheduled caste. After selection, as per the directions of the Regional Selection Committee, the certificates of the petitioner i.e. mark-sheet and caste certificate were sent for verification from the concerned Board and University. As the Regional Selection Board could not be able to get reply in a reasonable time, issuance of appointment letter to the petitioner has been delayed. Subsequently, vide government letter dated 05.12.2016, the appointing authority for the post of Assistant Teachers (Graduate Pay-scale) in the government institutions is stated to be Additional Director of Education (Secondary), UP, Allahabad. 5. For the above said circumstances as the appointment letter could not be issued to the petitioner along with three others, proposals were forwarded to the Additional Director of Education (Secondary), UP, Allahabad. 6. Consequent to changed circumstances, more specifically the authority, Additional Director of Education (Secondary), UP, Allahabad has issued notification for filling up vacancy of 9342 Assistant Teachers (Trained Graduate Category) by the direct recruitment and the applications were invited. 7. Further as per the government notification dated 23.08.2017, the Uttar Pradesh Subordinate (Trained Graduate Category) as Amended on 23.08.2017 vests in the Public Service Commission, Allahabad. After change of authority, the Additional Director of Education (Secondary), UP, Allahabad has filled up all the vacancies. As such, no vacancy is available. In view of the further amendment, now the selection is vested in the Public Service Commission, Allahabad. In the said fact, the petitioner is not entitled for any relief. Accordingly, learned Standing Counsel requested for dismissal of the writ petition. 8 . Considering the submissions of the petitioner and also the State Counsel as also assertions made in the counter affidavit, it is very surprising to note that the respondents are not denying the selection of the petitioner and they also accepted that the petitioner got selected based on the merit in the concerned category and all other persons those who were selected in the said selection has been issued appointment letters. Even according to the averments made in the counter affidavit, except the petitioner and three others, appointment letter was not given only on the ground that there is some delay with regard to verification of certificates. Except that, there is no allegation against the petitioner or any other. There is no laches on the part of the petitioner and being a meritorious candidate, after selection, the appointment order was not given to the petitioner on account of delay in obtaining the verification of certificates from the concerned institutions/university. Even if the appointing authority has changed, the respondents ought not to have denied the appointment to the petitioner only on account of delay and laches caused on the part of respondents but not on the part of the petitioner. 9. In view of the above, there shall be a direction to the respondents to issue appointment letter to the petitioner based on the final selection pursuant to the notification dated 27.09.2014. It is needless to state that after appointment, the petitioner is entitled for all the consequential benefits except salaries. 10. Accordingly, the writ petition is allowed. Order Date :- 1.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad