# Priyanka Singh v. State of U.P. & another

- **Citation:** (1999) 2 ILRA 167
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1999
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/priyanka-singh-v-state-of-u-p-another-39312
- **Pages:** 3

## Text

2 All.] ALLAHABAD SERIES
167
opinion the direction issued above will ensure non- arbitrariness in
such appointments.

In view of the above, the impugned order dated 18.9.98 is
quashed. The petition is allowed.

Petition Allowed.

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By the Court

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
1999
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January, 6
THE INDIAN LAW REPORTS [1999
168
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
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, I 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.

Petition Dismissed.

1999
------
Priyanka
Singh
 Vs.
State of U.P.
& another
------
D.K.Seth, J.
2 All.] ALLAHABAD SERIES
169
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By the Court

Heard Sri U.N. Sharma, learned counsel for the petitioner
and learned counsel for the respondents.

In this case although the petition was admitted on 9.7.1992,
no counter affidavit has been filed as yet.

The petitioner is challenging the impugned order dated
20.6.1992 annexure 6 to this petition by which his prayer for
regularisation as lecturer in Economics in National Degree College,
Barahalganj, Gorakhpur has been rejected.

The post of lecturer fell vacant and therefore a requisition
was sent to the District Inspector of Schools, Gorakhpur on
15.2.1989 annexure 1 to this writ petition. Thereafter the committee
of Management of the Institution obtained a letter of permission for
making appointment from the Regional Higher Education officer
Gorakhpur and the same was given by letter dated 19.4.1989
annexure 2 to this writ petition, since the commission failed to
1999
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February, 22