SHIKSHA MITRA ALLAHABAD HIGH COURT CASES, शिक्षा मित्र , इलाहबाद हाई कोर्ट , शिक्षा मित्रों की भर्ती

SHIKSHA MITRA ALLAHABAD HIGH COURT CASES, शिक्षा मित्र , इलाहबाद हाई कोर्ट , शिक्षा मित्रों की भर्ती

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 4

Case :- SERVICE SINGLE No. - 3205 of 2014

Petitioner :- Mohd. Arshad & Another (Now Misb)
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Himanshu Raghave,Durga Prasad Shukla,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg,L.K.Misra,M.M.Asthana,Rajeev Kumar

Hon'ble V.K. Shukla,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
On 17.11.2014, the Bench presided over by Hon'ble Chief Justice has proceeded to pass an order mentioning therein for extension of three weeks' time to file counter affidavit and it was also mentioned that counter affidavit, if any, shall be filed on or before next date of hearing.
On the matter being taken up today, neither there is any counter affidavit on behalf of union of India nor on behalf of State, however, National Council for Teacher Education has proceeded to file counter affidavit.� Same is accepted and taken on record.
Consequently, as a last opportunity three weeks' and no more time is allowed to State as well as Union of India to file counter affidavit as already directed by this Court vide order dated 17.11.2014.� List on 05.01.2015.� Absorption of Shiksha Mitras shall abide by final order passed by this Court.
Order Date :- 8.12.2014
mks 


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Chief Justice's Court

Case :- SERVICE SINGLE No. - 3205 of 2014

Petitioner :- Mohd. Arshad & Another (Now Misb)
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Himanshu Raghave,Durga Prasad Shukla,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,Ghaus Beg,L.K.Misra,M.M.Asthana,Rajeev Kumar

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Krishna Murari,J.
Since an issue pertaining to vires is to be adjudicated upon, the petition was earlier placed before the learned single Judge. It appears that during the pendency of the present proceedings before the learned single Judge, a counter affidavit was required to be filed within three weeks, by an order dated 6 September, 2014. No counter affidavit has been filed by the State, National Council for Teacher Education or Union of India.
We grant an extension of three weeks to file a counter affidavit. Counter affidavit, if any, shall be filed on or before the next date of hearing.
List on 8 December, 2014.
Order Date :- 17.11.2014
nd 


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 8
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,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,L.K.Misra,M.M.Asthana,Rajeev Kumar

Hon'ble Manoj Kumar Gupta,J.
In pursuance of the direction of this Court dated 9.10.2014, the matter is listed today before this Court.
Before hearing could commence, Sri M.M. Asthana, learned counsel appearing on behalf of N.C.T.E. points out that in view of recent order of Hon'ble the Chief Justice, this matter and connected Writ Petition No.3194 (SS) of 2014 and Writ Petition No.3248 (SS) of 2014, would be cognizable by Division Bench, as vires of Rule 16-Ka of Uttar Pradesh Nishulka Aur Anivarya Bal Shiksha Ka Adhikar (Pratham Sanshodhan) Niyamavali, 2014 is under challenge. He further points out that even at Allahabad, similar matters were placed before a learned Single Judge, but were directed to be laid before the appropriate Division Bench.
The said fact has not been disputed by learned counsel for the petitioners.
It is pointed by learned counsel for the petitioners that hearing of the writ petition was expedited by the orders passed in special appeal and therefore, some early date may be fixed.
On joint request of the parties, let the matter be placed before the appropriate Division Bench in the next cause list peremptorily.


��������� (Manoj Kumar Gupta, J.)��
Order Date :- 3.11.2014
SL 


 HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 8

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,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,L.K.Misra,M.M.Asthana,Rajeev Kumar

Hon'ble Manoj Kumar Gupta,J.
Learned standing counsel appearing on behalf of respondent Nos. 1 & 2, Sri Mukund Asthana on behalf of respondent No. 3 pray for and are granted three weeks and no more further time to file counter affidavit.
It shall also be open to respondent Nos. 4 & 5 to file counter affidavit within the same period.
List on 3rd November 2011 at the top of the list. It is understood between the parties that the matter shall be heard on that date.
Heard Sri V.P. Shukla, who has filed application on behalf of Hemant Kumar Shukla, Sri R.K. Dixit on behalf of U.P. Shiksha Mitra Shikshak Kalyan Samiti, Sri G.C. Mishra on behalf of Hemant Kumar Shukla in connected Writ Petition No. 3248 (S/S) of 2014, Sri S.N. Jaiswal on behalf of U.P. Shiksha Mitra Shikshak Kalyan Samiti in connected writ petition No. 3248 (S/S) of 2014 and Sri D.R. Mishra on behalf of Adarsh Shiksha Mitra Welfare Association in Writ Petition No. 3194 (S/S) of 2014, all of whom wants to be impleaded as party respondents to the writ petitions.
After considering the submissions made by learned counsel appearing on behalf of the aforesaid applicants, I am of the opinion that the applicants seeking impleadment� being proper party, can be heard as interveners. Accordingly, right is reserved in their favour to address the Court at the time of hearing of the writ petition. All the applications for impleadment stands disposed of accordingly.

(Manoj Kumar Gupta, J.)
Order Date :- 9.10.2014
AM



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 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,Rama Kant Dixit,Ved Prakash Shukla
Counsel for Respondent :- C.S.C.,M.M.Asthana

Hon'ble B. Amit Sthalekar,J.
Heard Sri Himanshu Raghave, learned counsel for the petitioner,� Sri Prashant Jaiswal, learned Additional Standing Counsel for the respondents no.1 and 2.�
No counter affidavit has been filed.� Respondents are� granted further three weeks for filing counter affidavit.
List after three weeks showing the name of Sri Rajeev Kumar and Sri L.K.Misra as counsel for the respondent.�
Order Date :- 6.9.2014
Asha

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 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. 




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