UPTET SARKARI NAUKRI News - Yachee ke Graduation mein 45% se Kam Marks par Nikala, Yachee Court mein Kaha ki Vhe Physically Handicapped Cat se Hai, Court ne Nokri Mein Allow Kiyaa -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- SERVICE SINGLE No. - 3839 of 2015
Petitioner :- Vimlesh Kumar Mishra
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Rakesh Kumar Tripathi
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Anil Kumar,J.
Heard Sri R.K. Tripathi, learned counsel for petitioner, Sri Badrul Hasan, learned State counsel as well as Sri Ajay Kumar, learned counsel for contesting respondent and perused the record.
Facts in brief of the present case are that in pursuance to the advertizement issued for appointment on the post of Trainee Assistant Teacher, petitioner submitted his candidature and he was selected as Trainee Assistant Teacher, thereafter he was directed by the Basic Shiksha Adhikari, Hardoi to go for training at Primary School Rasoolpur, District Hardoi.
In pursuance to the said direction, the petitioner joined for training in the said school and after completing the training at Primary School Rasoolpur, District Hardoi petitioner as per direction of the higher officer started training at BRC Pihani, Hardoi. While he was undergoing the said training, an order dated 09.06.2015 passed by Assistant Basic Shiksha Adhikari, Pihani, Hardoi along with the order dated 08.06.2015 passed by Basic Shiksha Adhikari, Hardoi has been served on the ground that the petitioner has obtained 44.22 % marks in his graduation and he belongs to general category, thus, as per eligibility criteria he is less marks, so his training as well as appointment on the post in question has been cancelled.
Aggrieved by the said order, the petitioner approached this Court by filing writ petition on the ground that prior to passing of the impugned order no adequate and proper opportunity has been afforded to the petitioner to put forward his case and it has been pleaded and argued on behalf of the petitioner that it is totally wrong on the part of the official respondent to treat the petitioner as general category in the matter in issue and on the basis of which rejecting his candidature for the purpose of training and appointment on the post in question that he has not secured 45% marks in his graduation. The said fact is totally incorrect and wrong because initially at the time of submitting his candidature, the petitioner has categorically stated that he belongs to handicapped category.
Accordingly, it is submitted by learned counsel for petitioner that taking into consideration the said fact the petitioner has been given appointment on the post in question, thereafter he has been sent for training, however, without providing any opportunity whatsoever the impugned order has been passed thereby stopping the petitioner undergoing the training in question and cancelling the petitioner's appointment.
Sri Ajay Kumar, learned counsel appearing on the BSA submits that the ground which has been taken while passing the impugned order that the petitioner belongs to general category is incorrect and wrong and as a matter of fact the petitioner has submitted his candidature in a physically handicapped category, so he is fully eligible for appointment on the post of Trainee Assistant Teacher on the basis of the marks secured by him in his graduation.
For the foregoing reasons as well as taking into consideration that no opportunity has been given prior to the passing of the impugned order, as such the said order is in contravention to the� principles of natural justice in view of the law as laid down in the case of Union of India vs. Sandur Manganese & Iron Ores Ltd. & Ors. JT 2012 (10) SC 476.
Accordingly, the impugned orders dated 08.06.2015 and 09.06.2015 passed by B.S.A., Hardoi and A.B.S.A., Pihani, Hardoi are set aside and the opposite parties are directed to allow the petitioner to undergo training and pay salary and� all other consequential benefits for which he is entitled prior to passing of the impugned orders.
With the above observations, the writ petition is allowed.
Order Date :- 16.7.2015
Ravi/
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?Court No. - 18
Case :- SERVICE SINGLE No. - 3839 of 2015
Petitioner :- Vimlesh Kumar Mishra
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Rakesh Kumar Tripathi
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Anil Kumar,J.
Heard Sri R.K. Tripathi, learned counsel for petitioner, Sri Badrul Hasan, learned State counsel as well as Sri Ajay Kumar, learned counsel for contesting respondent and perused the record.
Facts in brief of the present case are that in pursuance to the advertizement issued for appointment on the post of Trainee Assistant Teacher, petitioner submitted his candidature and he was selected as Trainee Assistant Teacher, thereafter he was directed by the Basic Shiksha Adhikari, Hardoi to go for training at Primary School Rasoolpur, District Hardoi.
In pursuance to the said direction, the petitioner joined for training in the said school and after completing the training at Primary School Rasoolpur, District Hardoi petitioner as per direction of the higher officer started training at BRC Pihani, Hardoi. While he was undergoing the said training, an order dated 09.06.2015 passed by Assistant Basic Shiksha Adhikari, Pihani, Hardoi along with the order dated 08.06.2015 passed by Basic Shiksha Adhikari, Hardoi has been served on the ground that the petitioner has obtained 44.22 % marks in his graduation and he belongs to general category, thus, as per eligibility criteria he is less marks, so his training as well as appointment on the post in question has been cancelled.
Aggrieved by the said order, the petitioner approached this Court by filing writ petition on the ground that prior to passing of the impugned order no adequate and proper opportunity has been afforded to the petitioner to put forward his case and it has been pleaded and argued on behalf of the petitioner that it is totally wrong on the part of the official respondent to treat the petitioner as general category in the matter in issue and on the basis of which rejecting his candidature for the purpose of training and appointment on the post in question that he has not secured 45% marks in his graduation. The said fact is totally incorrect and wrong because initially at the time of submitting his candidature, the petitioner has categorically stated that he belongs to handicapped category.
Accordingly, it is submitted by learned counsel for petitioner that taking into consideration the said fact the petitioner has been given appointment on the post in question, thereafter he has been sent for training, however, without providing any opportunity whatsoever the impugned order has been passed thereby stopping the petitioner undergoing the training in question and cancelling the petitioner's appointment.
Sri Ajay Kumar, learned counsel appearing on the BSA submits that the ground which has been taken while passing the impugned order that the petitioner belongs to general category is incorrect and wrong and as a matter of fact the petitioner has submitted his candidature in a physically handicapped category, so he is fully eligible for appointment on the post of Trainee Assistant Teacher on the basis of the marks secured by him in his graduation.
For the foregoing reasons as well as taking into consideration that no opportunity has been given prior to the passing of the impugned order, as such the said order is in contravention to the� principles of natural justice in view of the law as laid down in the case of Union of India vs. Sandur Manganese & Iron Ores Ltd. & Ors. JT 2012 (10) SC 476.
Accordingly, the impugned orders dated 08.06.2015 and 09.06.2015 passed by B.S.A., Hardoi and A.B.S.A., Pihani, Hardoi are set aside and the opposite parties are directed to allow the petitioner to undergo training and pay salary and� all other consequential benefits for which he is entitled prior to passing of the impugned orders.
With the above observations, the writ petition is allowed.
Order Date :- 16.7.2015
Ravi/
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
