29334 Upper Primary Teacher Recruitment UP, Allahabad Highcourt : ARTS and Promotion Category Candidates put their petition in Court - that they are in loss if selection happens for 29334 Science/Maths Teacher only

29334 Upper Primary Teacher Recruitment UP, Allahabad Highcourt : ARTS and Promotion Category Candidates put their petition in Court - that they are in loss if selection happens for 29334 Science/Maths Teacher only

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कर्मचारीयों की हड़ताल के चलते सचिव महोदय अदालत द्वारा माँगा गया डेटा नहीं जुटा पाये और बताया गया कि हड़ताल के ख़त्म होते ही सम्बंधित डेटा व दस्तावेज उपलब्ध करा दिए जायेंगे 

यह भी बताया गया कि भर्ती प्रक्रिया के अंतिम दौर अर्थात नियुक्ति प्रक्रिया में समय लगेगा । 

प्रार्थना को देखते हुए  सुनवाई की अगली तिथि २६ नवम्बर को निर्धारित की जाती है 
अगली तिथी को उपरोक्त दोनो अधिकारी उपस्थित रहेंगे और जैसा बताया गया है कोई नियुक्ति नहीं होगी , हालाँकि नियुक्ति प्रक्रिया जारी रखी जा सकती है 



See Case
HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 52521 of 2013

Petitioner :- Neelam Kumari Gautam
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Kshetresh Chnadra Shukla
Counsel for Respondent :- C.S.C.,A.K.Yadav

Hon'ble Vikram Nath,J.
Pursuant to order datd 7.11.2013, Sri Nitishwar Kumar, Secretary, Basic Education, Government of U.P. and Sri Sanjay Sinha, Secretary, U.P. Basic Education Board are present. They have made their submissions and are also represented by Sri S.C. Dwivedi, learned Additional Chief Standing Counsel, Sri B.P. Singh and Sri A.K. Yadav, Advocates. Learned counsels appearing for different District Basic Education Officers of different Districts are also present. On account of strike of the Government employees, they have expressed their inability to produce the relevant record and the data which was sought for from them in the previous orders. It has been stated by them that as soon as strike is over they would place before the court the relevant data and the material as required and would also answer the questions posed to them in the previous orders. It has also been stated that at present exercise for selection of the Assistant Teachers in Science & Mathematics stream for the Junior High Schools is in progress and it will take time to finalize and make appointments. 
As prayed list this case on 26.11.2013. 
On the said date both the above described Officers shall again remain present before the court along with the relevant material. It goes without saying, on the statement made by them, no appointments in pursuance to the advertisements issued would be made by them. The selection process, however shall continue.
Order Date :- 13.11.2013
pk
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2915891

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 52521 of 2013
Petitioner :- Neelam Kumari Gautam
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Kshetresh Chnadra Shukla
Counsel for Respondent :- C.S.C.,A.K.Yadav
With
Case :- WRIT - A No. - 50787 of 2013
Petitioner :- Satya Prakash Singh And 4 Ors.
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Shailesh Upadhyay, Radha Kant Ojha
Counsel for Respondent :- C.S.C., Sayed Nadeem Ahmad

Case :- WRIT - A No. - 55925 of 2013
Petitioner :- Shailendra Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Radha Kant Ojha,Shailesh Upadhyay
Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad
Case :- WRIT - A No. - 58520 of 2013
Petitioner :- Arun Kumar & 3 Ors.
Respondent :- State Of U.P. & 3 Ors.
Counsel for Petitioner :- Rishi Kant Rai
Counsel for Respondent :- C.S.C.,B.P. Singh
And
Case :- WRIT - A No. - 58712 of 2013
Petitioner :- Jayant Kumar Singh And Anr.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Anil Kumar Aditya,Ajay Kumar Pandey
Counsel for Respondent :- C.S.C.,Deo Dayal

Hon'ble Vikram Nath,J.
On 23.10.2013 the following order was passed :
These three writ petitions have challenged the Government Order dated 11.7.2013, issued by the Principal Secretary, Basic Education, filed as Annexure-1 to the writ petition. By the said order the Government has taken a decision to fill up 29,334 vacant posts of Assistant Teachers of Science and Mathematics stream in Junior High Schools, managed and controlled by the Basic Education Board. The said Government Order further provides the procedure for making the selection to the said posts.
Writ Petition No.52521 of 2013 has been filed by a prospective candidate, who claims to possess the educational and other eligibility qualifications for being appointed as Assistant Teacher in a Junior High School in the Arts stream. According to learned counsel for the petitioner there is no separate gradation or cadre with regard to the Assistant Teachers of Junior High Schools of the Art or Science or Mathematics stream, the cadre is one and the same and, therefore, if the selections is made only for Science and Mathematics stream, the candidates who are eligible for other stream are put to loss. The following questions have been framed by learned counsel for the petitioner for consideration in the said writ petition : 
(1) Whether the Government Order dated 11.7.2013 (Annexure No.1 to the writ petition) is against the Rules 15 and 17-A of the U.P. Basic Education (Teachers) Service Rules, 1981 ? 
(2) Whether the State Govt. has committed illegality in issuing direction to Basic Education Authorities for filling up the vacancies of Assistant Teachers in Upper Primary School (Class 6 to 8) only for Science and Maths teaching subjects ignoring other teaching subjects while the Govt. has taken examination of Teachers Eligibility Test (T.E.T.) for all kind of teaching subjects candidates ? 
Writ Petition Nos.50787 and 55925 of 2013 have been filed by the Assistant Teachers of Primary Institutions who claim to possess the qualifications and eligibility for being promoted as Assistant Teachers in Junior High Schools in Science and Mathematics stream. According to the petitioners the amendment in the Rules by providing for filling up 50% vacancies of Science and Mathematics stream by direct recruitment is detrimental to their interest inasmuch as their chance for promotion are drastically reduced. It is further their case that in so far as Assistant Teachers of Junior High Schools of the stream other than Science and Mathematics is concerned that is primarily Art stream the posts are to be filled up 100% by promotion and, therefore, Teachers in the same cadre as that of the petitioners working as Assistant Teachers in Primary Institutions but possessing qualifications for promotion as Assistant Teachers in Junior High Schools, Art stream would have better chance of promotion. 
It is further case of the petitioners that although the relevant Rules provide for filling up the vacancies of Assistant Teachers in Junior High Schools in Science and Mathematics stream by direct recruitment but the same is subject to fulfillment of certain conditions and it is only when the Government comes to conclusion that either there is non-availability of Assistant Teachers in Primary Institutions for being promoted to the post of Assistant Teachers in Junior Hgh Schools in Science and Mathematics stream and there is need for such Teachers then open selection can be made to fill up such posts. He further submits that apparently no such exercise or decision has been undertaken by the State before amending the Rules for filling up 50% posts of Assistant Teachers of Junior High Schools in Science and Mathematics stream by direct recruitment.
Another submission raised by Sri R.K. Ojha, learned Senior Counsel for the petitioners in the aforesaid two writ petitions is that inclusion of the qualification of B.Ed. Degree is not in accordance to law inasmuch as the relevant Rules of 1981 applicable to the Junior High Schools, managed and controlled by the Basic Education Board does not provide B.Ed. as a necessary qualification as such by the Government Order such qualification cannot be inserted. This argument at the behest of the petitioners, who are already working as Assistant Teachers in Primary Schools, cannot be sustained. However, a candidate who may be interested in applying against the advertisement may raise such a point provided he fulfills all other qualifications other than B.Ed. As such this argument does not lie in the mouth of the petitioners in the present two writ petitions.
Sri A.K. Yadav, learned counsel appearing for the Basic Education Board and Sri S.C. Dwivedi, learned Additional Chief Standing Counsel appearing for the State-respondents may obtain complete instructions in the matter in the light of facts and grounds recorded above so that this matter may be finally thrashed out without causing any further interference in the selection process, which has already commenced.
In case instructions are not received by the next date from the Board and State Government, court will be left with no other option but to proceed to pass appropriate orders in the light of the submissions advanced.
Put up this case in the additional cause list on 30.10.2013.
Copy of the order may be provided to Sri A.K. Yadav, learned counsel appearing for the Basic Education Board and Sri S.C. Dwivedi, learned Additional Chief Standing Counsel for the State-respondents free of cost within 24 hours for necessary compliance.
The matter had been fixed for 30.10.2013 but due to paucity of time could not be taken up. Today it has been taken up after eight days of date fixed in the order. Sri S.C. Dwivedi, learned Additional Chief Standing Counsel and Sri A.K. Yadav, learned counsel appearing for the Basic Education Board have prayed for further time to file counter affidavits.
It appears that the State Government as also the Basic Education Board are not realizing the seriousness of the matter as in the absence of any appropriate instructions or counter affidavits relying upon the arguments raised by the petitioners the entire selection process of 29334 Assistant Teachers of Science and Mathematics Stream for the Junior High Schools in the State of U.P. may fall in jeopardy. As a last opportunity this matter is being fixed for Wednesday, 13.11.2013.
List in the additional cause list on 13.11.2013.
On the said date the Principal Secretary / Secretary (Basic) as also the Secretary of the U.P. Basic Education Board shall remain present before this court to assist the court in adjudication of the matter. It would be open to them to file their counter affidavits on or before the said date.
Copy of the order may be provided to Sri S.C. Dwivedi, learned Additional Chief Standing Counsel and Sri A.K. Yadav, learned counsel appearing for the Basic Education Board free of cost within 24 hours for necessary compliance.
Order Date :- 7.11.2013
pk
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2903582