HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 52 of 2016
Petitioner :- Nazia Khan
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Radhey Raman Mishra
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Pradeep Kumar Singh Baghel,J.
Learned counsel for the petitioner is permitted to implead the Director, SCERT, Lucknow as one of the respondents during the course of the day.
The petitioner is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School.
Previously, an advertisement was made on 30.11.2011 for recruitment of the Assistant Teachers in the Junior Basic Schools against 72825 vacancies. Later on, vide advertisement dated 13.07.2013, the respondents called applications for the appointment of 29334 Assistant Teachers (Mathematics and Science) in Senior Basic Schools.
It is stated that the petitioner has applied against both the advertisement and she has been selected as Assistant Teacher (Mathematics and Science) in the Senior Basic School and as Trainee Teacher in the Junior Basic School. The petitioner has completed her six months' training as Trainee Teacher in the Junior Basic School but at present she is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School.
Their grievance is that the entire recruitment process pursuant to the advertisement dated 11.08.2013 is under cloud as various writ petitions and special appeals in this Court are pending.
In the meantime, fourth round of counselling is going on for the Trainee Teachers wherein the petitioner has been directed to submit her original educational testimonials within 15 days, failing which, her selection as Trainee Teacher in the Junior Basic School shall stand cancelled.
Learned counsel for the petitioner further submits that the original educational testimonials have been deposited with the authorities of the Senior Basic Schools, therefore, she is unable to produce it for her appointment as Trainee Teacher.
It is submitted by the learned counsel for the respondents that in case any interim order is granted, it would cause serious prejudice to complete the selection of the Training Teachers in compliance of the order of Supreme Court.
Learned counsel for the petitioner in rejoinder submits that there are still large number of vacancies of the Trainee Teachers even after completing the present counselling for the Training Teachers.
Having regard to the facts and circumstances of the case, a direction is issued to respondents to complete the present counselling and the selection in compliance of the order of the Supreme Court but the petitioner shall be considered in the last round of the counselling, if the post remains vacant.
Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Till the last selection is completed, the claim of the petitioner shall not be cancelled.
Order Date :- 8.1.2016
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