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Judgment
(PER : SRI MANOJ KUMAR TIWARI, A.C.J.)
This intra-Court appeal is directed against judgment and order dated 21.07.2026 passed by learned Single Judge in WPSS No. 2164 of 2022. By the said judgment, the writ petition, filed by appellant seeking appointment as Assistant Teacher, Government Primary School, was dismissed by holding that without participating in any selection for appointment, there cannot be any direction to appoint appellant as Assistant Teacher. Operative portion of the impugned judgment is reproduced below:-
“11.Petitioner was undergoing Special B.T.C. Training Course in the year 2005 and subsequent to a complaint, aforesaid enquiry regarding caste certificate was conducted by respondents which subsequently found the caste certificate of petitioner as genuine which resulted into grant of Special B.T.C. Training Certificate in his favour. The petitioner has, still, to apply for appointment pursuant to any advertisement issued by the respondents and without applying in any selection process, this Court is afraid that such a direction can be issued in favour of petitioner. By merely having a certificate of Special BTC Course in his favour, petitioner cannot be said to be entitled to be given appointment against any post at present, that too after 21 years of selection/training. Moreover, there is no material on record which could suggest that the vacancies of the year 2005 are still there.”
We do not find any reason to interfere with the impugned judgment. Appellant had sought two reliefs in the writ petition. First relief was to direct respondents to issue Special B.T.C. Training Certificate to appellant and second relief was to give appointment to him as Assistant Teacher on the basis of Special B.T.C. Training Certificate.
Counsel for the appellant submits that first relief was granted during the pendency of the writ petition, inasmuch as Special B.T.C. Training Certificate was issued to appellant. Learned Single Judge rightly refused to grant second relief, as even after successfully completing Special B.T.C. Course, a person is required to participate in selection for appointment as Assistant Teacher. Admittedly, appellant had not participated in any selection, for whatever reason, therefore second relief could not have been granted.
Learned counsel for the appellant submits that since Special B.T.C. Training Certificate of appellant was withheld because of cancellation of appellant’s Caste Certificate, therefore, he was not able to participate in the selection.
Whatever be the reason, the fact remains that appellant did not participate in any selection for appointment and without such participation, he could not have been appointed as Assistant Teacher.
There is no scope for interference with the impugned judgment. The instant Special Appeal is, accordingly, dismissed.
No order as to costs.
Pending application, if any, also stands dismissed accordingly.