यह भी बताया गया कि भर्ती प्रक्रिया के अंतिम दौर अर्थात नियुक्ति प्रक्रिया में समय लगेगा । प्रार्थना को देखते हुए सुनवाई की अगली तिथि २६ नवम्बर को निर्धारित की जाती है अगली
तिथी को उपरोक्त दोनो अधिकारी उपस्थित रहेंगे और जैसा बताया गया है कोई
नियुक्ति नहीं होगी , हालाँकि नियुक्ति प्रक्रिया जारी रखी जा सकती है
See Case
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
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
Hon'ble Vikram Nath,J.
Pursuant
to order datd 7.11.2013, Sri Nitishwar Kumar, Secretary, Basic
Education, Government of U.P. and Sri Sanjay Sinha, Secretary, U.P.
Basic Education Board are present. They have made their
submissions and are also represented by Sri S.C. Dwivedi, learned
Additional Chief Standing Counsel, Sri B.P. Singh and Sri A.K. Yadav,
Advocates. Learned counsels appearing for different District Basic
Education Officers of different Districts are also present.
On
account of strike of the Government employees, they have expressed
their inability to produce the relevant record and the data which was
sought for from them in the previous orders. It has been stated by them
that as soon as strike is over they would place before the court the
relevant data and the material as required and would also answer the
questions posed to them in the previous orders. It has also been stated that
at present exercise for selection of the Assistant Teachers in Science
& Mathematics stream for the Junior High Schools is in progress and
it will take time to finalize and make appointments. As prayed list this case on 26.11.2013.
On the said date both the above described Officers shall again remain
present before the court along with the relevant material. It goes
without saying, on the statement made by them, no appointments in
pursuance to the advertisements issued would be made by them.
The selection process, however shall continue.
Order Date :- 13.11.2013
pk
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2915891
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
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 8) 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
pk
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2903582
