Case :- WRIT - A No. - 52521 of 2013
Petitioner :- Neelam Kumari Gautam
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Kshetresh Chnadra Shukla
Counsel for Respondent :- C.S.C.,A.K.Yadav
With
Case :- WRIT - A No. - 50787 of 2013
Petitioner :- Satya Prakash Singh And 4 Ors.
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Shailesh Upadhyay, Radha Kant Ojha
Counsel for Respondent :- C.S.C., Sayed Nadeem Ahmad
Case :- WRIT - A No. - 55925 of 2013
Petitioner :- Shailendra Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Radha Kant Ojha,Shailesh Upadhyay
Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad
Case :- WRIT - A No. - 58520 of 2013
Petitioner :- Arun Kumar & 3 Ors.
Respondent :- State Of U.P. & 3 Ors.
Counsel for Petitioner :- Rishi Kant Rai
Counsel for Respondent :- C.S.C.,B.P. Singh
And
Case :- WRIT - A No. - 58712 of 2013
Petitioner :- Jayant Kumar Singh And Anr.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Anil Kumar Aditya,Ajay Kumar Pandey
Counsel for Respondent :- C.S.C.,Deo Dayal
Hon'ble Vikram Nath,J.
On 23.10.2013 the following order was passed :
These three writ petitions have challenged the Government Order dated
11.7.2013, issued by the Principal Secretary, Basic Education, filed as
Annexure-1 to the writ petition. By the said order the Government has taken a
decision to fill up 29,334 vacant posts of Assistant Teachers of Science and
Mathematics stream in Junior High Schools, managed and controlled by the Basic
Education Board. The said Government Order further provides the procedure for
making the selection to the said posts.
Writ Petition No.52521 of 2013 has been filed by a prospective candidate, who
claims to possess the educational and other eligibility qualifications for
being appointed as Assistant Teacher in a Junior High School in the Arts
stream. According to learned counsel for the petitioner there is no separate
gradation or cadre with regard to the Assistant Teachers of Junior High Schools
of the Art or Science or Mathematics stream, the cadre is one and the same and,
therefore, if the selections is made only for Science and Mathematics stream,
the candidates who are eligible for other stream are put to loss. The following
questions have been framed by learned counsel for the petitioner for
consideration in the said writ petition :
(1) Whether the Government Order dated 11.7.2013 (Annexure No.1 to the writ
petition) is against the Rules 15 and 17-A of the U.P. Basic Education
(Teachers) Service Rules, 1981 ?
(2) Whether the State Govt. has committed illegality in issuing direction to
Basic Education Authorities for filling up the vacancies of Assistant Teachers
in Upper Primary School (Class 6 to only for Science and Maths teaching
subjects ignoring other teaching subjects while the Govt. has taken examination
of Teachers Eligibility Test (T.E.T.) for all kind of teaching subjects candidates
?
Writ Petition Nos.50787 and 55925 of 2013 have been filed by the Assistant
Teachers of Primary Institutions who claim to possess the qualifications and
eligibility for being promoted as Assistant Teachers in Junior High Schools in
Science and Mathematics stream. According to the petitioners the amendment in
the Rules by providing for filling up 50% vacancies of Science and Mathematics
stream by direct recruitment is detrimental to their interest inasmuch as their
chance for promotion are drastically reduced. It is further their case that in
so far as Assistant Teachers of Junior High Schools of the stream other than
Science and Mathematics is concerned that is primarily Art stream the posts are
to be filled up 100% by promotion and, therefore, Teachers in the same cadre as
that of the petitioners working as Assistant Teachers in Primary Institutions
but possessing qualifications for promotion as Assistant Teachers in Junior
High Schools, Art stream would have better chance of promotion.
It is further case of the petitioners that although the relevant Rules provide
for filling up the vacancies of Assistant Teachers in Junior High Schools in
Science and Mathematics stream by direct recruitment but the same is subject to
fulfillment of certain conditions and it is only when the Government comes to
conclusion that either there is non-availability of Assistant Teachers in
Primary Institutions for being promoted to the post of Assistant Teachers in
Junior Hgh Schools in Science and Mathematics stream and there is need for such
Teachers then open selection can be made to fill up such posts. He further
submits that apparently no such exercise or decision has been undertaken by the
State before amending the Rules for filling up 50% posts of Assistant Teachers
of Junior High Schools in Science and Mathematics stream by direct recruitment.
Another submission raised by Sri R.K. Ojha, learned Senior Counsel for the
petitioners in the aforesaid two writ petitions is that inclusion of the
qualification of B.Ed. Degree is not in accordance to law inasmuch as the
relevant Rules of 1981 applicable to the Junior High Schools, managed and
controlled by the Basic Education Board does not provide B.Ed. as a necessary
qualification as such by the Government Order such qualification cannot be
inserted. This argument at the behest of the petitioners, who are already
working as Assistant Teachers in Primary Schools, cannot be sustained. However,
a candidate who may be interested in applying against the advertisement may
raise such a point provided he fulfills all other qualifications other than
B.Ed. As such this argument does not lie in the mouth of the petitioners in the
present two writ petitions.
Sri A.K. Yadav, learned counsel appearing for the Basic Education Board and Sri
S.C. Dwivedi, learned Additional Chief Standing Counsel appearing for the
State-respondents may obtain complete instructions in the matter in the light
of facts and grounds recorded above so that this matter may be finally thrashed
out without causing any further interference in the selection process, which
has already commenced.
In case instructions are not received by the next date from the Board and State
Government, court will be left with no other option but to proceed to pass
appropriate orders in the light of the submissions advanced.
Put up this case in the additional cause list on 30.10.2013.
Copy of the order may be provided to Sri A.K. Yadav, learned counsel appearing
for the Basic Education Board and Sri S.C. Dwivedi, learned Additional Chief
Standing Counsel for the State-respondents free of cost within 24 hours for
necessary compliance.
The matter had been fixed for 30.10.2013 but due to paucity of time could not
be taken up. Today it has been taken up after eight days of date fixed in the
order. Sri S.C. Dwivedi, learned Additional Chief Standing Counsel and Sri A.K.
Yadav, learned counsel appearing for the Basic Education Board have prayed for
further time to file counter affidavits.
It appears that the State Government as also the Basic Education Board are not
realizing the seriousness of the matter as in the absence of any appropriate
instructions or counter affidavits relying upon the arguments raised by the
petitioners the entire selection process of 29334 Assistant Teachers of Science
and Mathematics Stream for the Junior High Schools in the State of U.P. may
fall in jeopardy. As a last opportunity this matter is being fixed for
Wednesday, 13.11.2013.
List in the additional cause list on 13.11.2013.
On the said date the Principal Secretary / Secretary (Basic) as also the
Secretary of the U.P. Basic Education Board shall remain present before this
court to assist the court in adjudication of the matter. It would be open to
them to file their counter affidavits on or before the said date.
Copy of the order may be provided to Sri S.C. Dwivedi, learned Additional Chief
Standing Counsel and Sri A.K. Yadav, learned counsel appearing for the Basic
Education Board free of cost within 24 hours for necessary compliance.
Order Date :- 7.11.2013
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