Neutral Citation No. - 2025:AHC:87409-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 908 of 2021 Appellant :- Pratima Gupta Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Umesh Chandra Tripathi Counsel for Respondent :- C.S.C.,Deo Dayal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. This appeal arises out of an order passed by the learned Single Judge, dated 22.9.2021; whereby the writ petition filed by the appellant has been dismissed. The learned Single Judge has noticed that on the date fixed for counseling, the appellant had not appeared and, therefore, her grievance with regard to non-consideration of her candidature merits no interference. In the present appeal, it is urged by counsel for the appellant that the appellant had secured her selection based on her merit and there is no reason as to why she would not appear for counseling. It is also submitted that appellant was present during counseling on 23rd July, 2014 and since she was not permitted to take part in the counseling, she also sent a representation on the next day i.e. 24th July, 2014. Our attention has been invited to paragraph 8 of the writ petition, in which it is asserted that petitioner went for counseling on 23rd July, 2014. In the counter affidavit the respondents have stated that the appellant belong to science stream; whereas counseling on 23rd July, 2014, was conducted only for Maths. Science counseling was conducted on 24th July, 2014, on which date, appellant was not present. Alongwith counter affidavit the respondents have annexed documents to show that 30 other persons appeared in the counseling. Learned counsel for the appellant submits that even today there are vacancies and therefore the appellant be directed to be considered. Learned State Counsel has placed the instructions received from the District Basic Education Officer, dated 7.4.2022, as per which, two vacancies are still available against the advertisement in question. Though, we are not issuing any specific direction, but we provide that in the event there is any vacancy available against the advertisement in question, the District Basic Education Officer may examine the feasibility of appointing the appellant against such vacancy. In the event such consideration is offered to the appellant's claim, she undertakes not to seek arrears of salary or seniority and her appointment would be treated as a fresh appointment from the date it is so issued. With the above observations, this special appeal stands disposed of. Order Date :- 22.5.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad