Important Points Come out -
Extending the last date of submission of application form with the revised format of the application and now the candidates will have to apply in the said revised application format which will have a column for mentioning their certificates/degrees/diplomas
Learned counsel for the opposite party no. 2 further submits that the petitioner can approach the District Authorities even before uploading his form on the website and these authorities will look into the matter at the time of preparation of the final merit list.
See Judgement : -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 5501 of 2013
Petitioner :- Anurag Upadhyay
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lko.& Others
Counsel for Petitioner :- Gaurav Misra
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the opposite parties.�
In pursuance to order dated 23.9.2013, Mr. Sanjay Sinha, Secretary, Basic Education Board, Allahabad is present in Court and a short counter affidavit has also been filed on his behalf.
Sri M. M. Asthana, learned counsel for the opposite party no. 2 submits that the Secretary, Basic Education Board, Allahabad after examining the issue directed for issuing afresh publication thereby extending the last date of submission of application form with the revised format of the application and now the candidates will have to apply in the said revised application format which will have a column for mentioning their certificates/degrees/diplomas. It is also submitted by Sri Asthana that the candidates who have already applied, either may apply afresh or approach the concerned district authorities with the application with the correct details. �
Learned counsel for the opposite party no. 2 further submits that the petitioner can approach the District Authorities even before uploading his form on the website and these authorities will look into the matter at the time of preparation of the final merit list.
Learned counsel for the petitioner submits that since�Secretary, Basic Education Board, Allahabad is taking care in the matter and is satisfied, therefore, he does not want to press this petition.�
Writ Petition is, therefore, dismissed as not pressed.�
Order Date :- 30.9.2013
ashok
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 5501 of 2013
Petitioner :- Anurag Upadhyay
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lko.& Others
Counsel for Petitioner :- Gaurav Misra
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Arora,J.
(C.M.A. NO. nill of 2013)
This is an application for exemption from personal appearance of� the Secretary, Basic Education Board, U.P. Allahabad, supported with affidavit.
Submission of learned counsel for the applicant is that due to illness,� the Secretary, Basic Education Board, U.P. Allahabad is not able to appear� before this Court today.
On due consideration, application is allowed.
The appearance of Secretary, Basic Education Board, U.P. Allahabad is exempted.
List this case on 30th September, 2013.
The Secretary, Basic Education Board, U.P. Allahabad will appear in person on the next date, as directed earlier.
Order Date :- 26.9.2013
ashok
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?Court No. - 20
Case :- SERVICE SINGLE No. - 5501 of 2013
Petitioner :- Anurag Upadhyay
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lko.& Others
Counsel for Petitioner :- Gaurav Misra
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Arora,J.
Submission of learned counsel for the petitioner� is that the learned counsel for the U.P. Basic Education Board failed to justify� as to how quality point marks are being awarded and added with respect to different degrees� whereas there is no� column for mentioning the respective degree obtained by the candidates in the on-line application forms. It is also submitted by learned counsel for the petitioner that the advertisement in question is contrary to the U.P. Basic Education (Teacher) Service (15th Amendment) Rule, 2012.
In view of the above, the Secretary, U.P. Basic Education Board, Allahabad is hereby directed to appear for assistance of this Court.
List this case on 26.9.2013.
Learned Standing Counsel� as well learned counsel for Basic Education Officer, Faizabad are directed to intimate about this order to the Authority concerned to ensure compliance of the same.
Order Date :- 23.9.2013
ashok
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Court No. - 23
Case :- SERVICE SINGLE No. - 5501 of 2013
Petitioner :- Anurag Upadhyay
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lko.& Others
Counsel for Petitioner :- Gaurav Misra
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Sudhir Kumar Saxena,J.
Petitioner's contention is that selection has to be made on the basis of quality point marks but in online proforma prescribed, there is no column for division, there is column for percentage only.
Sri Ajay Kumar, learned counsel appearing for respondent nos. 2 and 4 states that there is no ambiguity on petitioner's division and percentage and it will be considered at the time of counselling to which learned counsel for the petitioner submits that it will be contrary to the rules. Advertisement has to be in consonance with the rules.
Since Sri Ajay Kumar, Advocate has not been able to clarify this position, put up this case on Monday i.e. 23.09.2013. On next date, he will inform the Court by means of written instruction with regard to the position of online application.
Order Date :- 20.9.2013
kkv/
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