UPTET : Allahabd Highcourt Next Hearing Will be Today on 21st December 2012

UPTET :  Allahabd Highcourt  Next Hearing Will be Today on 21st December 2012

UPTET  / टीईटी / TET - Teacher Eligibility Test Updates / Teacher Recruitment News

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May be case will be finalized today - 

See Case Details : -

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 38 

Case :- WRIT - A No. - 65811 of 2012 

Petitioner :- Ashish Mishra 

Respondent :- State Of U.P. & Others 

Petitioner Counsel :- Siddharth Khare,Ashok Khare 

Respondent Counsel :- C.S.C.,Pankaj Kumar Singh 

Hon'ble Arun Tandon,J. 

Connect with Civil Misc. Writ Petition No. 39674 of 2012 and Civil Misc. Writ Petition No. 65444 of 2012. 

Learned Standing Counsel prays for and is granted time upto 9th January, 2012 to file counter affidavit. 

One of the contention raised on behalf of the petitioner is that the fixation of minimum and outer age limit under the fresh advertisement will render certain candidates, who were earlier eligible and who had applied in pursuance to the advertisement published on 30th November, 2011 stand disqualified. 

It is stated that the State Government on its own had dropped the selection proceedings in terms of the advertisement dated 30th November, 2011. 

It is further pointed out that under Rule-6, insofar as it pertains to trainee teachers, the power to determine the upper age limit only has been conferred upon the State Government. The determination of the minimum age at 21 years and 40 years as on 1st July, 2012 is illegal. Lastly, it is submitted� that under fresh advertisement, every candidate is now required to furnish bank draft for a sum of 500/- for each district qua which he makes the application. Meaning thereby that if a person applies� for all 75 districts, he will be required to pay to the State Government a total sum of Rs. 37,500/-. 

According to the petitioner, earlier the State Government had� charged a fee� of Rs.500/-� for applying in any number of districts. It is their case that the fixation of fee at Rs. 500/- per district is arbitrary and exorbitant especially,� having regard to the fact that the petitioners are unemployed educated youth. It is their case that the State Government cannot be permitted to make a profit out of this fee to be collected,� at best it can recover the amount, which is� spent for evaluating the applications and computation of the merit. 

It is has been pointed out to the Court that last date for submission of application in pursuance to the fresh advertisement is 31st December, 2012. The applications are to be made online. Therefore, unless the conditions prescribed are satisfied, online applications shall be rejected. 

The Court is to close for winter vacations tomorrow and it is not possible to adjudicate upon all the issues raised, in absence of a counter affidavit being filed by the State Government. 

Some interim arrangement is therefore required to be made. For� the purpose, Sri Neeraj Upadhayaya,� learned Additional Chief Standing Counsel may obtain instruction from the State by tomorrow i.e. 21st December, 2012. 

Put up this matter tomorrow i.e. 21st December, 2012. 

(Arun Tandon, J.) 

Order Date :- 20.12.2012 

Sushil/- 

Source  : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2270396

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