UPTET : Allahabad Highcourt Hearing Details on 06-Aug-2012

UPTET : Allahabad Highcourt Hearing Details on 06-Aug-2012

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 53

Case :- WRIT - A No. - 76039 of 2011

Petitioner :- Yadav Kapildev Lal Bahadur
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Alok Kumar Yadav,Rajesh Yadav
Respondent Counsel :- C.S.C.,K.S. Kushwaha

Hon'ble Arun Tandon,J. 
An affidavit has been filed on behalf of the State of Uttar Pradesh by the Secretary, Basic Education, U.P. Government at Lucknow. Along with affidavit a copy of the Cabinet Decision as communicated to the Director of Basic Education by the Chief Secretary of the State dated 21st July, 2012 has been brought on record. 
Sri C.B. Yadav, learned Additional Advocate General informs the Court that necessary amendments in the Rules in terms of the Cabinet Decision is still to be taken. 
Sri Ashok Khare learned Senior Advocate points out that a writ petition has already been filed challenging the Cabinet Decision as notified under the order dated 21st July, 2012. 
Let the State� make necessary amendments, as� desired, in the statutory rules regulating the appointment of assistant teachers in Parishidiya Vidyalayas by 25th August, 2012. 
Such direction is being issued by the Court only because appointment on the post of assistant teachers in Parishidiya Vidyalayas is held-up since last so many years, initially because� of proper advertisement being not published and then a serious dispute in respect of Teachers Eligibility Test Examination held by the State Government has been arisen. 
This Court must� resolve the issue so that suitable teachers may be appointed in Parishidiya Vidyalayas, where there are acute shortage of qualified teachers. 
This Court may clarify that no opinion is being expressed by the Court on the�� Cabinet decision taken by the State Government. It is for the State to examine all aspects of the matter before making any amendments in the Rules, however, whatever is required to be done must be done by the next date. 
In the affidavit to be filed by the State on the next date, query made under the order of the Court dated 25th May, 2012 must also be answered. 
List this matter on 27th August, 2012. Interim order granted earlier by this Court shall continue in operation till the next date fixed.


(Arun Tandon, J.)

Order Date :- 6.8.2012
Sushil/-


Source : http://elegalix2.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1999464
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See this : -
"
This Court may clarify that no opinion is being expressed by the Court on the�� Cabinet decision taken by the State Government. It is for the State to examine all aspects of the matter before making any amendments in the Rules, however, whatever is required to be done must be done by the next date. "

It looks court suggests - UP Govt. to examine all relevant points related to UPTET exam and selection through it by next date.
After that court may express its opinion.

Another point is : -
"Sri Ashok Khare learned Senior Advocate points out that a writ petition has already been filed challenging the Cabinet Decision as notified under the order dated 21st July, 2012. "

It looks cabinet decision for selection of teachers is challenged through a writ petition. 

If any of blog visitors additional information, can have better interpretation then it can be given through comments.
Thanking you.