See Case details :
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 57330 of 2013
Petitioner :- Devendra Prakash Srivastava
Respondent :- State Of U.P.And 2 Ors.
Counsel for Petitioner :- Ratnakar Upadhyay
Counsel for Respondent :- C.S.C.,A.K. Yadav
And
Case :- WRIT - A No. - 58786 of 2013
Petitioner :- Sanjay Kumar And Anr.
Respondent :- State Of U.P.& Another
Counsel for Petitioner :- S.K.Shukla
Counsel for Respondent :- C.S.C.,A.K.Yadav
Hon'ble Vikram Nath,J.
Heard learned counsel for the parties.
The issue is as to whether the
Basic
Education Board could have fixed a cut off date for registration prior
to the last date of submitting the application form without mentioning
the last date of registration in the advertisement issued in the
newspaper.
According
to the petitioner the advertisement mentioned that application could be
submitted from 01.10.2013 till 11.10.2013. However, when the
petitioners tried to log on into the website after 5th October, 2013,
their application forms were not accepted on the ground that you have
not registered up to 5th October, 2013. Writ Petition No. 57730
of 2013 - Devendra Prakash Srivastava Vs. State of U.P. and others was
filed with the aforesaid allegation on 9th October, 2013.
Upon
hearing the learned counsel for the petitioner, Sri A. K. Yadav, learned
counsel appearing for Basic Education Board was granted time to obtain
instructions.
In Writ Petition No.58786 of 2013 it has been stated
in para 6 that on 09.10.2013 when petitioner tried to log on the website
he also faced similar difficulty. Accordingly, he had sent
representation by registered post to all the concerned authorities on
9th October, 2013 itself.
Sri
A. K. Yadav, learned Standing Counsel as also Counsel for the Basic
Education Board has stated upon instructions that it is true that
advertisement did not mention any cut off date for registration and only
date mentioned was with regard to the submission of the application
forms. The factual situation which emerges is that there was no cut off
date for registration and as such non
consideration of the claim of the petitioners who had make their
efforts within time for submission of application forms as mentioned in
the advertisement is totally unjustified and cannot be sustained. Accordingly,
petitions succeed and are allowed. The respondents are directed to
entertain the application of the petitioners to be within time provided
they approach the Secretary of the Basic Education Board on or before
14th November, 2013 along with certified copy of this order. Order Date :- 6.11.2013 SS
Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2901052
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 57330 of 2013
Petitioner :- Devendra Prakash Srivastava
Respondent :- State Of U.P.And 2 Ors.
Counsel for Petitioner :- Ratnakar Upadhyay
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Vikram Nath,J.
Put up on 06.11.2013.
Order Date :- 31.10.2013
RPS
Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2897826
*************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 57330 of 2013
Petitioner :- Devendra Prakash Srivastava
Respondent :- State Of U.P.And 2 Ors.
Counsel for Petitioner :- Ratnakar Upadhyay
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Vikram Nath,J.
Sri�
A.K. Yadav, learned Standing Counsel as also appearing for the
respondent no.3, Basic Education Board, may obtain instructions within
48 hours.
Put up in the additional cause list on 31.10.2013.
Order Date :- 28.10.2013
RPS
Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2885134