UPTET / Allahabad Highcourt : Candidate Demanded for Provisional Selection in 72825 Posts OR with hold recruitment process till UPTET 2013 exam

UPTET / Allahabad Highcourt : Candidate Demanded for Provisional Selection in 72825 Posts OR with hold recruitment process till UPTET  2013 exam

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 30


Civil Misc. Writ Petition No. 66844 of 2012
Suneel Kumar Verma and others
Versus
State of U.P. and others
Connected with
Civil Misc. Writ Petition No. 67792 of 2012
Vivek Kumr Kashyap and others
Versus
State of U.P. and others.

Hon'ble V.K. Shukla,J

Petitioners of Civil Misc. Writ Petition No. 66844 of 2012 have approached for following relief: 
(i) Issue, a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioners to provisionally appear for the recruitment as per notification dated 7.12.2012 subject to their qualifying the U.P. Teacher Eligibility Test; or 

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to with hold the recruitment process (in pursuance of notification dated 7.12.2012) till they conduct the U.P. Teacher Eligibility Test. 

(iii) To issue any other writ or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. 

(iv) To award the cost in favour of the3 petitioners.

Petitioners of Civil Misc. Writ Petition No. 67792 of 2012 have approached for following relief:
(i) Issue a writ order or direction in the nature of Certiorari quashing impugned notification No. 3348/79-5-2012-14 (Ten)/2010 dated 5.12.2012 issued by Secretary Government of U.P. at Lucknow regarding appointment of primary Teachers in various Primary Schools in State of U.P.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to allow the petitioners to apply for appointment as a Teacher in Primary School in without TET and the TET may be held latter on.

(iii) Pass such other and further order which this Hon'ble Court may deem fit and proper under the the facts and circumstances of the case
(iv) Award the cost of the petition in favour of the petitioners.

Petitioners of both the writ petitions are contending in pith and substance that 72,825 vacancies for teachers have been advertised for primary institution run and managed by the Basic Shiksha Parishad vide notification dated 7.12.2012 and said notification proceeds to mention that only those candidate can apply who have qualified Teacher Eligibility Test by 31.12.2012. 
This is accepted position that Teacher Eligibility Test, 2011 had been held and in the year 2012, no teacher eligibility test had been conducted and in view of this petitioners submit before this Court that as Teacher Eligibility Test has not at all been conducted in the year 2012, accordingly relaxation should be accorded to them and they should be permitted to fill up form in question. 
Earlier before this Court, Civil Misc. Writ Petition No. 61130 of 2012 had been filed by Sri Vivek Kumar Kashyap requesting to conduct Teacher Eligibility Test, 2012 of petitioners and this Court on 3.12.2012 proceeded to pass following order:-
"Present writ petition in question has been filed with the request to direct the respondents to conduct Teacher Eligibility Test -2012 of the petitioners.

Petitioners have contended that under the guideline published for conducting Teacher Eligibility Test (TET)� following provision has been incorporated. 

"11. The appropriate Government should conduct a TET at least once every year. The Validity Period of TET qualifying certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all categories. But there will be no restriction on the number of attempts a person can taken for acquiring a TET Certificate. A person who has qualified TET may also appear again for improving his/her score." 

Petitioners submit that in view of this TET test in all eventuality should be conducted every year.

On presentation of present writ petition in question, this Court asked the learned Standing counsel to obtain necessary instructions in the matter and on the matter being taken up requisite instruction has been obtained and as per the same guideline for holding UPTET are in pipe line� i.e. under preparation.� Coupled with this it has been informed that� endeavour shall be made for� UPTET Examination 2012 to be held somewhere in February, 2013. Once such is the factual situation that in the said direction process is on then no further directives are required to� be issued by this Court. 

Present writ petition is accordingly disposed of.

Accepted position is that in the year 2012, no Teacher Eligibility Test has been conducted, whereas as per guidelines so issued, Government should conduct Teacher Eligibility Test once in a year. Thus it is bounden duty of the State Government, as per the aforementioned notification/circular that Teacher Eligibility Test should be conducted, once in a year and specially when it is condition precedent for being appointed as teacher. State Government accordingly is directed to discharge obligation of holding Teacher Eligibility Examination.
Here in the present case, this is accepted position that as per terms and condition of the advertisement, petitioners have not at all passed Teacher Eligibility Test and as such are disqualified from applying pursuant to the aforementioned notification, and in view of this merely because Teacher Eligibility Test has not been held, no relief or reprieve can be given to the petitioners to apply, once passing of Teacher Eligibility Test is condition precedent.
Petitioners have next contended that State Government had made recommendation to the Central Government and Ministry of Human Resources Development on 10.9.2012 has proceeded to grant relaxation upto 31.3.2014 to fulfil the terms and conditions mentioned therein and submitted in this background they can be accorded relaxation. 
Consequently, in the fact of the case, on this aspect of the matter as Ministry of Human Resources Development on 10.9.2012 has proceeded to accord relaxation upto 31.3.2014, as such Secretary (Basic Education), Department of Eduction U.P. Lucknow is directed to pass appropriate order, keeping in view of the recommendation so made, preferably within period of next 4 weeks from the date of production of certified copy of this order. 
With these observations, writ petitions are disposed of.
Dt. 21.12.2012
T.S.

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2280469