Thursday, November 7, 2013

Upper Primary Teacher Recruitment UP / Allahabad Highcourt,: Big Trouble comes and cut-off merit list for counsling may take some more time.


Upper Primary Teacher Recruitment UP / Allahabad Highcourt,: Big Trouble comes and cut-off merit list for counsling may take some more time. 
Petitioner was unable to applied in extended date of online advertisement. And his application is to be entertained by 14th Nov 2013

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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
************************
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




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