Smt. Priyanka Singh vs State of U.P. and another

D. K. Seth, J.—The petitioner by means of this writ petition prays for a mandamus directing the respondents to give appointment to the petitioner because the petitioner is eligible and qualified for being appointed as an Assistant Teacher in the Primary School, on account of her acquisition of B.T.C. degree.

Mr. Ashok Kumar Singh, learned counsel for the petitioner contends that since the petitioner had acquired requisite qualification, therefore, she is eligible for being appointed as Assistant Teacher and had accordingly made an application before the appropriate authority on the basis whereof, she should be appointed Assistant Teacher in any of the Primary Schools.

Mr. I. S. Singh, learned standing counsel on the other hand contends that for the purpose of appointment, a person has to undergo recruitment process. Simply because a person has acquired the requisite qualification, he cannot claim as of right to be appointed on the post of Assistant Teacher. By reason of such eligibility, she may have acquired a right to be considered when the recruitment process is undergone.

After having heard Mr. Ashok Kumar Singh and Mr. I. S. Singh, learned counsel appearing for the respective parties, 1 do not find any merit in this writ petition.

The writ petition, therefore, fails and is dismissed accordingly in view of the fact that a person does not acquire any right to be appointed on account of acquisition of the requisite qualification. By acquiring requisite qualification, a person acquires only a right to be considered if applied for in the process of recruitment. It does not confer any legal right to be enforced through writ jurisdiction to get an appointment only on the basis of acquisition of an eligibility qualification. It is open to the petitioner to apply when recruitment process is undergone and if so applied, she has a right to be considered for being recruited in the selection process in accordance with law. The petitioner has not alleged that her application has not been entertained or she had been denied or deprived of this right of being considered in any recruitment process.

This order, however, will not prevent the petitioner from applying when the recruitment process is undergone and being considered in accordance with law, in such post at appropriate time. No cost.