JOBAYO UPTET News 3RD COUNSELUNG
TAK SELECT LOGO(SIRF YACHEE) KO NIYUKTI PATR JAAREE KARNE KA DIYA COURT NE
AADESH
UPTET SARKARI NAUKRI News 3RD COUNSELUNG TAK SELECT LOGO(SIRF YACHEE)
KO NIYUKTI PATR JAAREE KARNE KA DIYA COURT NE AADESH -
COURT NE NIYUKTI PAA CHUKE LOGO
PAR IS AADESH KA KOEE PRBHAV NA HONE KA AADESH BHEE DIYA HAI -
It is made clear that the
candidates to whom appointment letter have already been issued, will not be
affected by this interim order.
3RD COUNSELING TAK SELECT LOGO
KAA AADESH SIRF PETITIONER / YACHEEE KE LIYE AAYAA HAI.
LEKIN AISE AADESH KI COPY LENE KE
LIYE TAMMAAM LOG WRIT FILE KARNE JAA RAHE HAIN, PEHLE VE SOCH RAHE THE KEE
AADESH SAB KE LIYE HAI
SEE COURT ORDER :-
Court No. - 4
Case :- WRIT - A No. - 5001 of
2015
Petitioner :- Vivek Kumar
Upadhayay And 29 Ors.
Respondent :- State Of U.P. And 3
Ors.
Counsel for Petitioner :-
Abhisekh Srivastava
Counsel for Respondent :-
C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners have appeared in
the first, second and third round of counseling held for appointment to the
post of Assistant Teachers in Junior Basic Schools run by Basic Shikha
Parishad, against 72,825 vacancies advertised in the State of U.P. vide
advertisement dated 30.11.2011. The petitioners are waiting for their
appointment letters. However, it appears that on account of an interim order
passed by the Apex Court in Civil Appeal No. 4347-4375 of 2015 (State of U.P.
& Others Versus Shiv Kumar Pathak), fourth round of counseling was held
from 9.1.2015 to 14.1.2015. The candidates who have been left out in the first,
second and third round of counseling and have obtained 70% marks in general
category and 65% marks in reserved category, were allowed to appear in the
fourth round of counseling.
Submission of the petitioners is
that the candidates who have obtained higher marks than that of the petitioners
had appeared in the fourth round of counseling. In the meeting held in the
office of the Director, U.P. Technical Education State Council of Educational
Research and Training, U.P., Lucknow with the Principals of various DIETs and
the District Basic Education Officers of different districts, it was resolved
on 6.1.2015 and 7.1.2015 that the candidates who had appeared in the first,
second and third round of counseling and whose names appear in the select list
on the basis of those counseling, will be issued appointment letter with effect
from 19.1.2015. It was also resolved that the fourth round of counseling will
be held against the vacant seats from amongst the candidates having requisite
percentage i.e. (70%�
general category and 65% reserved category). They will be allowed to
participate in the fourth round of counseling in the districts where they had
applied, irrespective of the fact as to whether they had appeared in the first,
second and third round of counseling. It is further observed that those
candidates who had appeared in first, second and third round of counseling in
certain districts, will also be allowed to appear in the fourth round of
counseling in districts in which they had applied but could not appear in the
earlier� three counselings for one
or other reason. The process will be started on the basis of the select list
prepared after last and final round of counseling wherein it was held from
9.1.2015 to 14.1.2015 to issue appointment letters from 19.1.2015 onwards. The
petitioners submit that they had appeared in the first, second and third round
of counseling, however, pursuant to the fourth counseling, appointment letters
are not being issued to them on the ground that they are having lesser marks
than the candidates who had appeared in the fourth round of counseling, though
the petitioners are having requisite 70% and 65% marks as per the directions of
the Apex Court dated 17.12.2014 in Civil Appeal No. 4347/4375 of 2014.
Sri A.K. Yadav, learned counsel
appearing for respondent no. 4 submits that as per the instructions dated
3.2.2015, the appointment letter cannot be issued to the candidates who are
having lesser marks than the candidates appeared in the fourth round of
counseling, in view of the directions of the Apex Court wherein the candidates
having 70% and 65% marks have been allowed to participate in the fourth round
of counseling as they have been wrongly left out.
Written instructions dated
3.2.2015 received by the Chief Standing Counsel, High Court, Allahabad supplied
by Sri A.K. Yadav, learned Standing Counsel for respondent no. 4 are taken on
record.
A perusal of the communication
dated 3.2.2015 indicates that respondent no. 2, the Director, State Council of
Educational Research and Training, U.P., Lucknow is of the opinion that no
rights have accrued to those candidates for appointment who had appeared in the
first, second and third counseling as fourth round of counseling was held
pursuant to the direction of the Apex Court. The said assertion of respondent
no. 2 appears to be incorrect.
In view of the position that the
petitioners have appeared in the first, second and third counseling and possess
70% in general category and 65% in reserved category, the petitioners have a
prima facie right to be appointed against the post of Assistant Teacher in the
districts in which they have applied and appeared in counseling as per their
merit. A case for grant of interim mandamus is made out by the learned counsel
for the petitioner.
Learned Standing counsel and Sri
A.K. Yadav, learnel Counsel for respondent no. 4 pray for and are allowed three
weeks time to file counter affidavit.
One week, thereafter, for filing
rejoinder affidavit.
List this matter on 13.3.2015.
In the meantime, appointment
letter be issued to the petitioner by the respective DIETs after verification
of their eligibility and after ascertaining the fact of appearance in the
counseling as per their merit.. It goes without saying that the appointment of
the petitioners shall be subject matter of the result of this writ petition� and Civil Appeal No.
4347/4375 of 2014 (State of U.P. & others versus Shiv Kumar Pathak) pending
before the Apex Court..
It is made clear that the
candidates to whom appointment letter have already been issued, will not be
affected by this interim order.
Order Date :- 10.2.2015/B.K.
SEE ORDER ON OFFICIAL WEBSITE :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3877709
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