Shiksha Mitra Case in Allahabd High Court
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Important Point :-
Connect with W.P. No. 3194 (S/S) of 2014 and list thereafter.
In the meantime it is provided that the appointments of the Shiksha Mitra so made shall be subject to the outcome of the writ petition.
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- SERVICE SINGLE No. - 3205 of 2014
Petitioner :- Mohd. Arshad & Another
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Himanshu Raghave,Durga Prasad Shukla
Counsel for Respondent :- C.S.C.,M.M.Asthana
Hon'ble B. Amit Sthalekar,J.
Learned counsel for the petitioners is permitted to implead Union of India, through the Secretary, Ministry of HRD, New Delhi as respondent no. 4 forthwith.
Impleadment application dated 8.7.2014 filed today in the court is taken up.�� Learned counsel for the petitioner has no objection if the impleadment application is allowed.
Accordingly application is allowed.�� Let necessary impleadment in the array of respondents be carried out during the course of the day.
The petitioners are seeking quashing of the Government Order dated 7.2.2013 to the extent it provides for absorption of the Shiksha Mitra on the post of Assistant Teacher in the primary schools run by the Basic Shiksha Parishad, U.P.���
The petitioners are also challenging the vires of Rule 16-Ka inserted in the U.P. Nishulka Aur Anivarya Bal Shiksha Ka Adhikar (Pratham Sanshodhan) Niyamavali, 2014 as well as seeking quashing of the G.O. dated 19.6.2014 prescribing the schedule for absorption of Shiksha Mitra as Assistant Teachers has been laid down commencing the process on 30th June, 2014 and concluding the same with the issuance of Appointment Letters by 31st July, 2014 and further quashing the Notification dated 30.5.2014 Uttar Pradesh Basic Shiksha (Adhyapak) Seva (Unnisava Sanshodhan) Niyamavali, 2014 amending the definition of Shiksha Mitra to be allowed to apply and compete for the post of Assistant Teachers without even having the requisite qualification of TET and have prayed for a writ of mandamus directing the respondents not go effect the Samayojan (Absorption) of Shiksha Mitra on the post of Assistant Teachers in the Primary Schools run by the Basic Shiksha Parishad, U.P.
Heard Shri Himanshu Raghav,� learned counsel for the petitioners, Shri M.M. Asthana, learned counsel appearing for the respondent no. 3, learned standing counsel for the respondents no. 1 and 2, Shri Ghaus Beg for respondent no. 4 and Shri Abhishek Srivastava and Shri Rajiv Tripathi for the newly impleaded respondent no. 5.
All the respondents may file their counter affidavit within three weeks. The petitioners will have one week thereafter to file the rejoinder affidavit.
Connect with W.P. No. 3194 (S/S) of 2014 and list thereafter.
In the meantime it is provided that the appointments of the Shiksha Mitra so made shall be subject to the outcome of the writ petition.
Shri D.R. Mishra, learned counsel states that he has filed caveat application No. 2765 of 2014 on behalf of Adarsh Shiksha Mitra Welfare Association U.P. but the same has not been reported. Office is directed to place the said caveat application on record.
Shri Ved Prakash Shukla also states that he has filed caveat application no. 3082 of 2014 in the office but the same has not been reported by the office. Office is directed to place the same on record.
Learned counsel for the petitioners shall serve a copy of the writ petition upon Shri Abhishek Srivastava, Shri D.S. Mishra and Shri Ved Prakash Shukla within 24 hours.
Order Date :- 8.7.2014
o.k.
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3398781
