UPTET SARKARI NAUKRI News - Blind Women ne PH Kota Mein Apply Nahin aur Usko Appointment Letter GEN cat mein Issue Ho ke Cancel Hua, Court ne Usko PH Kota Mein Consider ke Aadesh Deeya -
Bhale Hee Usne at the time application mein na likha ho, Lekin counseling ke waqt PH kota Docs Jama Keeye Hon , See Court Order -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- SERVICE SINGLE No. - 2836 of 2015
Petitioner :- Anshu Lata Mishra
Respondent :- District Basic Education Officer, Hardoi & Another
Counsel for Petitioner :- Karuna Kant Gupta
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
On the oral prayer made by the learned counsel for the petitioner, let Director, State Council for Educational Research and Training, U.P., Lucknow be impleaded as respondent no.3.
Learned counsel for the petitioner is permitted to incorporate the necessary amendment in the array of respondents during the course of the day.
Notice on behalf of respondent no.1 has been accepted by Shri Ajay Kumar, whereas learned Chief Standing Counsel has accepted notice for respondent no.2.
Learned counsel for the petitioner shall serve a copy of this writ petition in the office of learned Chief Standing Counsel for service on newly impleaded respondent no.3 today itself.
Respondents may file their counter affidavit within six weeks.
Two weeks' time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.
List the case after expiry of the aforesaid period.
Under challenge in this petition is an order dated 18.04.2015, passed by the District Basic Education Officer, Hardoi, whereby the appointment order issued to the petitioner has been cancelled on the basis of letter dated 15.04.2015 issued by the Principal, District Institute of Education and Training, Hardoi.
The learned Standing Counsel has produced a letter dated 15.04.2015, which is made part of record of this case.
Neither the said letter dated 15.04.2015 nor the office order dated 18.04.2015 disclose the reason as to why the petitioner's appointment is being cancelled.
It is noteworthy that the petitioner was already issued an appointment order, however, before passing the impugned order dated18.04.2015 or before issuing letter dated 15.04.2015, no opportunity of hearing to the petitioner has been provided. Thus, the impugned� action prima facie appears to be in violation of principles of natural justice.
On the basis of instructions received from respondent no.2-Principal, District Institute of Education and Training, Hardoi, learned Standing Counsel has submitted that the petitioner had obtained 103 marks in the Teacher Eligibility Test, whereas the cut off marks for general category (woman) is 105 and hence, the marks obtained by the petitioner in the general category is below the cut off marks determined for the said category and as such her appointment has been cancelled. He has also stated that in the application form filled in by the petitioner, she had not claimed any reservation in the handicapped woman category.
To the aforesaid submissions made by the learned Standing Counsel, learned counsel for the petitioner has replied by stating that in fact, the petitioner had claimed reservation in the woman handicapped category at the time of counselling when she submitted the requisite papers along with testimonials.
Accordingly, looking into over all facts and circumstances of the case since while taking the decision for cancellation of the appointment of the petitioner no opportunity to her has been provided, it is further provided that the order dated 18.04.2015 passed by the District Basic Eduction Officer, Hardoi and the letter dated 15.04.2015 issued by the Principal, District Institute of Education and Training, Hardoi shall remain stayed and the petitioner shall be allowed to discharge her work and functions. She shall also be paid stipend regularly as and when the same accrues to her.
It is further provided that the entire matter may be examined by the Director, State Counsel for Educational Research and Training, U.P., Lucknow, who will determine as to whether the petitioner is entitled to be given the benefit of reservation in the handicapped woman category, keeping in view the fact that the petitioner is blind and it is beyond comprehension that she would not have claimed benefit of reservation available to her in the said category. Even if in the application form she could not indicate that she is claiming reservation in the special reservation category and had submitted all the requisite documents at the time of counselling, it would be appropriate and equitable for the Director to consider her case in the said reserved category.
The decision so taken by the Director shall be brought on record in this case by the learned Standing Counsel by way of filing an affidavit.
Order Date :- 28.5.2015
akhilesh/-
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Bhale Hee Usne at the time application mein na likha ho, Lekin counseling ke waqt PH kota Docs Jama Keeye Hon , See Court Order -
?Court No. - 26
Case :- SERVICE SINGLE No. - 2836 of 2015
Petitioner :- Anshu Lata Mishra
Respondent :- District Basic Education Officer, Hardoi & Another
Counsel for Petitioner :- Karuna Kant Gupta
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
On the oral prayer made by the learned counsel for the petitioner, let Director, State Council for Educational Research and Training, U.P., Lucknow be impleaded as respondent no.3.
Learned counsel for the petitioner is permitted to incorporate the necessary amendment in the array of respondents during the course of the day.
Notice on behalf of respondent no.1 has been accepted by Shri Ajay Kumar, whereas learned Chief Standing Counsel has accepted notice for respondent no.2.
Learned counsel for the petitioner shall serve a copy of this writ petition in the office of learned Chief Standing Counsel for service on newly impleaded respondent no.3 today itself.
Respondents may file their counter affidavit within six weeks.
Two weeks' time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.
List the case after expiry of the aforesaid period.
Under challenge in this petition is an order dated 18.04.2015, passed by the District Basic Education Officer, Hardoi, whereby the appointment order issued to the petitioner has been cancelled on the basis of letter dated 15.04.2015 issued by the Principal, District Institute of Education and Training, Hardoi.
The learned Standing Counsel has produced a letter dated 15.04.2015, which is made part of record of this case.
Neither the said letter dated 15.04.2015 nor the office order dated 18.04.2015 disclose the reason as to why the petitioner's appointment is being cancelled.
It is noteworthy that the petitioner was already issued an appointment order, however, before passing the impugned order dated18.04.2015 or before issuing letter dated 15.04.2015, no opportunity of hearing to the petitioner has been provided. Thus, the impugned� action prima facie appears to be in violation of principles of natural justice.
On the basis of instructions received from respondent no.2-Principal, District Institute of Education and Training, Hardoi, learned Standing Counsel has submitted that the petitioner had obtained 103 marks in the Teacher Eligibility Test, whereas the cut off marks for general category (woman) is 105 and hence, the marks obtained by the petitioner in the general category is below the cut off marks determined for the said category and as such her appointment has been cancelled. He has also stated that in the application form filled in by the petitioner, she had not claimed any reservation in the handicapped woman category.
To the aforesaid submissions made by the learned Standing Counsel, learned counsel for the petitioner has replied by stating that in fact, the petitioner had claimed reservation in the woman handicapped category at the time of counselling when she submitted the requisite papers along with testimonials.
Accordingly, looking into over all facts and circumstances of the case since while taking the decision for cancellation of the appointment of the petitioner no opportunity to her has been provided, it is further provided that the order dated 18.04.2015 passed by the District Basic Eduction Officer, Hardoi and the letter dated 15.04.2015 issued by the Principal, District Institute of Education and Training, Hardoi shall remain stayed and the petitioner shall be allowed to discharge her work and functions. She shall also be paid stipend regularly as and when the same accrues to her.
It is further provided that the entire matter may be examined by the Director, State Counsel for Educational Research and Training, U.P., Lucknow, who will determine as to whether the petitioner is entitled to be given the benefit of reservation in the handicapped woman category, keeping in view the fact that the petitioner is blind and it is beyond comprehension that she would not have claimed benefit of reservation available to her in the said category. Even if in the application form she could not indicate that she is claiming reservation in the special reservation category and had submitted all the requisite documents at the time of counselling, it would be appropriate and equitable for the Director to consider her case in the said reserved category.
The decision so taken by the Director shall be brought on record in this case by the learned Standing Counsel by way of filing an affidavit.
Order Date :- 28.5.2015
akhilesh/-
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / 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
