UPTET SARKARI NAUKRI News 3RD COUNSELUNG TAK SELECT LOGO(SIRF YACHEE) KO NIYUKTI PATR JAAREE KARNE KA DIYA COURT NE AADESH -
COURT NE NIYUKTI PAA CHUKE LOGO PAR IS AADESH KA KOEE PRBHAV NA HONE KA AADESH BHEE DIYA HAI -
It is made clear that the candidates to whom appointment letter have already been issued, will not be affected by this interim order.
3RD COUNSELING TAK SELECT LOGO KAA AADESH SIRF PETITIONER / YACHEEE KE LIYE AAYAA HAI.
LEKIN AISE AADESH KI COPY LENE KE LIYE TAMMAAM LOG WRIT FILE KARNE JAA RAHE HAIN, PEHLE VE SOCH RAHE THE KEE AADESH SAB KE LIYE HAI
SEE COURT ORDER :-
Court No. - 4
Case :- WRIT - A No. - 5001 of 2015
Petitioner :- Vivek Kumar Upadhayay And 29 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Abhisekh Srivastava
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners have appeared in the first, second and third round of counseling held for appointment to the post of Assistant Teachers in Junior Basic Schools run by Basic Shikha Parishad, against 72,825 vacancies advertised in the State of U.P. vide advertisement dated 30.11.2011. The petitioners are waiting for their appointment letters. However, it appears that on account of an interim order passed by the Apex Court in Civil Appeal No. 4347-4375 of 2015 (State of U.P. & Others Versus Shiv Kumar Pathak), fourth round of counseling was held from 9.1.2015 to 14.1.2015. The candidates who have been left out in the first, second and third round of counseling and have obtained 70% marks in general category and 65% marks in reserved category, were allowed to appear in the fourth round of counseling.
Submission of the petitioners is that the candidates who have obtained higher marks than that of the petitioners had appeared in the fourth round of counseling. In the meeting held in the office of the Director, U.P. Technical Education State Council of Educational Research and Training, U.P., Lucknow with the Principals of various DIETs and the District Basic Education Officers of different districts, it was resolved on 6.1.2015 and 7.1.2015 that the candidates who had appeared in the first, second and third round of counseling and whose names appear in the select list on the basis of those counseling, will be issued appointment letter with effect from 19.1.2015. It was also resolved that the fourth round of counseling will be held against the vacant seats from amongst the candidates having requisite percentage i.e. (70%� general category and 65% reserved category). They will be allowed to participate in the fourth round of counseling in the districts where they had applied, irrespective of the fact as to whether they had appeared in the first, second and third round of counseling. It is further observed that those candidates who had appeared in first, second and third round of counseling in certain districts, will also be allowed to appear in the fourth round of counseling in districts in which they had applied but could not appear in the earlier� three counselings for one or other reason. The process will be started on the basis of the select list prepared after last and final round of counseling wherein it was held from 9.1.2015 to 14.1.2015 to issue appointment letters from 19.1.2015 onwards. The petitioners submit that they had appeared in the first, second and third round of counseling, however, pursuant to the fourth counseling, appointment letters are not being issued to them on the ground that they are having lesser marks than the candidates who had appeared in the fourth round of counseling, though the petitioners are having requisite 70% and 65% marks as per the directions of the Apex Court dated 17.12.2014 in Civil Appeal No. 4347/4375 of 2014.
Sri A.K. Yadav, learned counsel appearing for respondent no. 4 submits that as per the instructions dated 3.2.2015, the appointment letter cannot be issued to the candidates who are having lesser marks than the candidates appeared in the fourth round of counseling, in view of the directions of the Apex Court wherein the candidates having 70% and 65% marks have been allowed to participate in the fourth round of counseling as they have been wrongly left out.
Written instructions dated 3.2.2015 received by the Chief Standing Counsel, High Court, Allahabad supplied by Sri A.K. Yadav, learned Standing Counsel for respondent no. 4 are taken on record.
A perusal of the communication dated 3.2.2015 indicates that respondent no. 2, the Director, State Council of Educational Research and Training, U.P., Lucknow is of the opinion that no rights have accrued to those candidates for appointment who had appeared in the first, second and third counseling as fourth round of counseling was held pursuant to the direction of the Apex Court. The said assertion of respondent no. 2 appears to be incorrect.
In view of the position that the petitioners have appeared in the first, second and third counseling and possess 70% in general category and 65% in reserved category, the petitioners have a prima facie right to be appointed against the post of Assistant Teacher in the districts in which they have applied and appeared in counseling as per their merit. A case for grant of interim mandamus is made out by the learned counsel for the petitioner.
Learned Standing counsel and Sri A.K. Yadav, learnel Counsel for respondent no. 4 pray for and are allowed three weeks time to file counter affidavit.
One week, thereafter, for filing rejoinder affidavit.
List this matter on 13.3.2015.
In the meantime, appointment letter be issued to the petitioner by the respective DIETs after verification of their eligibility and after ascertaining the fact of appearance in the counseling as per their merit.. It goes without saying that the appointment of the petitioners shall be subject matter of the result of this writ petition� and Civil Appeal No. 4347/4375 of 2014 (State of U.P. & others versus Shiv Kumar Pathak) pending before the Apex Court..
It is made clear that the candidates to whom appointment letter have already been issued, will not be affected by this interim order.
Order Date :- 10.2.2015/B.K.
SEE ORDER ON OFFICIAL WEBSITE : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3877709
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COURT NE NIYUKTI PAA CHUKE LOGO PAR IS AADESH KA KOEE PRBHAV NA HONE KA AADESH BHEE DIYA HAI -
It is made clear that the candidates to whom appointment letter have already been issued, will not be affected by this interim order.
3RD COUNSELING TAK SELECT LOGO KAA AADESH SIRF PETITIONER / YACHEEE KE LIYE AAYAA HAI.
LEKIN AISE AADESH KI COPY LENE KE LIYE TAMMAAM LOG WRIT FILE KARNE JAA RAHE HAIN, PEHLE VE SOCH RAHE THE KEE AADESH SAB KE LIYE HAI
SEE COURT ORDER :-
Court No. - 4
Case :- WRIT - A No. - 5001 of 2015
Petitioner :- Vivek Kumar Upadhayay And 29 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Abhisekh Srivastava
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners have appeared in the first, second and third round of counseling held for appointment to the post of Assistant Teachers in Junior Basic Schools run by Basic Shikha Parishad, against 72,825 vacancies advertised in the State of U.P. vide advertisement dated 30.11.2011. The petitioners are waiting for their appointment letters. However, it appears that on account of an interim order passed by the Apex Court in Civil Appeal No. 4347-4375 of 2015 (State of U.P. & Others Versus Shiv Kumar Pathak), fourth round of counseling was held from 9.1.2015 to 14.1.2015. The candidates who have been left out in the first, second and third round of counseling and have obtained 70% marks in general category and 65% marks in reserved category, were allowed to appear in the fourth round of counseling.
Submission of the petitioners is that the candidates who have obtained higher marks than that of the petitioners had appeared in the fourth round of counseling. In the meeting held in the office of the Director, U.P. Technical Education State Council of Educational Research and Training, U.P., Lucknow with the Principals of various DIETs and the District Basic Education Officers of different districts, it was resolved on 6.1.2015 and 7.1.2015 that the candidates who had appeared in the first, second and third round of counseling and whose names appear in the select list on the basis of those counseling, will be issued appointment letter with effect from 19.1.2015. It was also resolved that the fourth round of counseling will be held against the vacant seats from amongst the candidates having requisite percentage i.e. (70%� general category and 65% reserved category). They will be allowed to participate in the fourth round of counseling in the districts where they had applied, irrespective of the fact as to whether they had appeared in the first, second and third round of counseling. It is further observed that those candidates who had appeared in first, second and third round of counseling in certain districts, will also be allowed to appear in the fourth round of counseling in districts in which they had applied but could not appear in the earlier� three counselings for one or other reason. The process will be started on the basis of the select list prepared after last and final round of counseling wherein it was held from 9.1.2015 to 14.1.2015 to issue appointment letters from 19.1.2015 onwards. The petitioners submit that they had appeared in the first, second and third round of counseling, however, pursuant to the fourth counseling, appointment letters are not being issued to them on the ground that they are having lesser marks than the candidates who had appeared in the fourth round of counseling, though the petitioners are having requisite 70% and 65% marks as per the directions of the Apex Court dated 17.12.2014 in Civil Appeal No. 4347/4375 of 2014.
Sri A.K. Yadav, learned counsel appearing for respondent no. 4 submits that as per the instructions dated 3.2.2015, the appointment letter cannot be issued to the candidates who are having lesser marks than the candidates appeared in the fourth round of counseling, in view of the directions of the Apex Court wherein the candidates having 70% and 65% marks have been allowed to participate in the fourth round of counseling as they have been wrongly left out.
Written instructions dated 3.2.2015 received by the Chief Standing Counsel, High Court, Allahabad supplied by Sri A.K. Yadav, learned Standing Counsel for respondent no. 4 are taken on record.
A perusal of the communication dated 3.2.2015 indicates that respondent no. 2, the Director, State Council of Educational Research and Training, U.P., Lucknow is of the opinion that no rights have accrued to those candidates for appointment who had appeared in the first, second and third counseling as fourth round of counseling was held pursuant to the direction of the Apex Court. The said assertion of respondent no. 2 appears to be incorrect.
In view of the position that the petitioners have appeared in the first, second and third counseling and possess 70% in general category and 65% in reserved category, the petitioners have a prima facie right to be appointed against the post of Assistant Teacher in the districts in which they have applied and appeared in counseling as per their merit. A case for grant of interim mandamus is made out by the learned counsel for the petitioner.
Learned Standing counsel and Sri A.K. Yadav, learnel Counsel for respondent no. 4 pray for and are allowed three weeks time to file counter affidavit.
One week, thereafter, for filing rejoinder affidavit.
List this matter on 13.3.2015.
In the meantime, appointment letter be issued to the petitioner by the respective DIETs after verification of their eligibility and after ascertaining the fact of appearance in the counseling as per their merit.. It goes without saying that the appointment of the petitioners shall be subject matter of the result of this writ petition� and Civil Appeal No. 4347/4375 of 2014 (State of U.P. & others versus Shiv Kumar Pathak) pending before the Apex Court..
It is made clear that the candidates to whom appointment letter have already been issued, will not be affected by this interim order.
Order Date :- 10.2.2015/B.K.
SEE ORDER ON OFFICIAL WEBSITE : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3877709
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment /SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
