ARCHANA ANAND Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner had applied for consideration of her claim for Special B.T.C course 2004 as Female/Scheduled Caste/Arts category candidate. Merit of the petitioner was 313.91. Petitioner was sent for training at District Institute of Education Training, Allahabad. On account of her higher merit she was kept under Female/General/Arts category and allocated Fatehpur. Petitioner's grievance is that candidates from Female/Scheduled Caste/Arts category who had less merit qua her they were allocated Allahabad, the place of their choice and as such she also ought to have been allocated Allahabad. As request of petitioner was not being considered, she filed Civil Misc. Writ Petition No.78571 of 2005 before this Court and this Court asked the authority concerned to consider and decide the claim of the petitioner and thereafter Director of Education (Basic) U.P. Lucknow passed the impugned order which is subject matter of challenge before this Court.

(2.) On presentation of present writ petition before this Court on 24.03.2006 following order was passed which is being quoted below:

(3.) Till date in spite of the repeated opportunity having been provided and lastly on 26.02.2007, eight weeks and no more time was allowed, no counter affidavit has been filed, as such on the basis of un-controvered facts present writ petition is being decided. Sri Pradeep Kumar, learned counsel for the petitioner contended with vehemence that petitioner's candidature has been metted with arbitrary treatment, in spite of being higher in merit she has not been given the choicest option which she was entitled as scheduled caste category candidate and as such, her option be accepted, and writ petition be allowed.