UPTET : Candidate Demanded Weightage of Post Graduation Marks in Assitant Teachers Selection UP, Allahabad Highcourt dismissed petition and no relief for PG marks
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 2658 of 2013
Petitioner :- Neetu Patel
Respondent :- State Of U.P.Thru Principal Secretary & Ors.
Petitioner Counsel :- Vishnu Shankar Gupta,Namit Kumar Sharma
Respondent Counsel :- C.S.C.,Nisheeth Yadav
Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Shri Nisheeth Yadav, Advocate.
In the present case petitioner before this Court is requesting for issuance of writ in the nature of certiorari by quashing the Clause 10 of the Government Order dated 5th December, 2012 (Annexure 10 to this writ petition) in so far as it specifies the quality point marks according to the percentage of marks obtained in the examination of High-school, Intermediate, Graduation and B.Ed.
On 5th December, 2012 a Government Order has been issued for making selection and appointment of Trainee Teachers from amongst candidates, who are B.Ed. degree holders and have passed Teacher Eligibility Test. Clause 10 of the aforementioned Government Order clearly proceeds to mention that Trainee Teachers shall be appointed strictly in consonance with the amended rules known as U.P. Basic Education (Teachers) Service Rules 1981 and further in the matter of selection appointment quality point marks shall be awarded as has been provided for. Petitioner at this juncture is submitting that no marks whatsoever has been prescribed for being awarded in lieu of post graduate degree and illegally marks of High-school, Intermediate and Graduation examination are being calculated.
Once selection and appointment is governed by statutory rules known as U.P. Basic Education (Teachers) Service Rules 1981 as amended up till date and therein Trainee Teacher has been defined as a candidate, who has passed B.Ed./B.Ed (Special Education)/D.Ed. (Special Education) and has also passed the Teacher Eligibility Test and has been selected for eventual appointment as Assistant Teacher in Junior Basic School after successful completion of six months special training programmee in elementary education recognized by National Council for Teacher Education (NCTE). Rule 14 deals with determination of vacancies and preparation of list. Under the aforementioned rules the Appointing Authority is to scrutinize the application received in pursuance of the advertisement and is to prepare the list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment. The names of candidates in the list so prepared is to be arranged in such manner that the candidates shall be arranged in accordance with the quality point marks specified in the Appendix 1. The names of candidates in the list prepared under Sub-rule 2 in accordance with Clause B of Sub-rule 1 of Rule 14 is to be arranged in such manner that the candidate shall be arranged in accordance with the quality point marks specified in Appendix 2.
The appendix in question clearly provides computation of quality point marks based on High-school, Intermediate, Graduation, B.Ed./B.Ed (Special Education) and D.Ed. (Special Education) examination. In the rules there is no criteria for providing any marks in lieu of post graduate degree. Once clause 10 of the Government Order dated 5th December 2012 is strictly in consonance with the rules, then there is no occasion for this Court to interfere and intervene.
Consequently, writ petition is dismissed.
Order Date :- 17.1.2013
Shekhar
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2319843
