It is a SINGLE BENCH Decision, And DB Hearing Which is to be Happen Tomorrow will Have Great Impact On Recruitment
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 5746 of 2013
Petitioner :- Dharmendra Kumar Singh And Others
Respondent :- State Of U.P.Thru Principal Secretary & Ors.
Petitioner Counsel :- Kausar Raza Faridi
Respondent Counsel :- C.S.C.,Sunil Kumar Singh
Hon'ble V.K. Shukla,J.
In the present case petitioner has requested to quash Para-10 of the Government Order dated 05.12.2012 regarding selection process on the basis of academic qualification and marks is concerned.
Challenge which has been so made cannot be entertained for the simple reason that the criteria in question has been prescribed under U.P. Basic Education (Teachers) Service Rules 1981. Once criteria which has been mentioned in the Government Order dated 05.12.2012 is backed and based on the aforesaid Rules in question then challenge as has been made by the petitioner cannot be entertained. In view of this prayer no. 1 cannot be accorded by any means.
As far as prayer no. 2 is concerned, wherein request� has been made to prepare the list of eligible candidates for Apprentice Teacher in the Primary School Governed by the Uttar Pradesh Basic Shiksha Parishad on the basis of marks obtained by the petitioner in U.P. Teacher Eligibility Test 2011 is concerned suffice is to mention that prescribed procedure for making selection and appointment has also been provided under U.P. Basic Education (Teachers) Service Rules 1981 wherein Rules 14 clearly proceeds to mention that marks in question are to be computed as per Appendix-II and therein prescribed criteria has also been prescribed providing� the way and manner in which marks is to be computed.�
Once such is the factual situation that selection and appointment is governed by statutory Rules then relief as has been claimed by means of prayer no. 2 cannot be subscribed.
Consequently, present writ petition is dismissed.
Order Date :- 1.2.2013
Dhruv
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2350693
