UPTET SARKARI NAUKRI News -JRT ORDER PART 2 -
6. Writ Petition No. 28977 of 2015 (hereinafter referred to as "Third Petition, Group-A") is at the instance of sole petitioner, Bhagwati Prasad, who has simply sought a mandamus commanding respondents to forthwith issue letter of appointment to petitioner, appointing him to the post of Assistant Teacher, Science/Maths in Senior Primary School in District Auraiya on the basis of select list. His brief case is that he is a scheduled caste candidate, possessing qualification of Bachelor in Science and Bachelor of Education and has also passed U.P. Teachers Eligibility Test, 2011 (Upper Primary Level) with 82 marks. Pursuant to Government Order dated 11.07.2013 issued for recruitment of 29334 Assistant Teachers in Senior Primary Schools, he has been selected but his appointment has been deferred due to some litigation pending before this Court, though he is entitled to appointment.
7. Sri R.K. Ojha, learned Senior Advocate, pointed out that in some of these matters, question of validity of Rules is attracted and the cases in which validity of Statute is involved, are within the determination of Bench presided by Hon'ble the Chief Justice, and, therefore, this Court may not have jurisdiction to hear those matters. However, this Court finds that all these cases are cognizable by Single Judge and to this extent there is no dispute between the parties. The cases in which validity of Statute is involved, and cognizable by Division Bench, the same are within the determination of Bench presided by Hon'ble the Chief Justice, but in respect of matters cognizable by Single Judge, I do not find any such determination. Moreover, all these cases have come up before this Court on the nomination made by Hon'ble the Chief Justice and, therefore, in my view, this argument has no substance.
8. Learned counsels for parties proceeded to address the Court on merits in all these matters with request that since huge number of appointments are involved in these cases causing irreparable loss to eligible and selected candidates, therefore, these matters may be decided at an early date. I proceed accordingly.
9. Some facts in brief, as borne out from record of First Petition, necessary for adjudication of dispute are as under.
10. Recruitment to the post of Assistant Teacher in Primary Schools comprising of Junior Primary Schools (hereinafter referred to as "Jr.P.S.") and Senior Primary Schools (hereinafter referred to as "Sr.P.S.") as also for the post of Head Master in Jr.P.S., is governed by U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981"). Recruitment to the posts of Assistant Teacher in Jr.P.S. is open for direct recruitment only. Rest of the cadres, namely, Assistant Teacher in Sr.P.S. and Head Masters in Jr.P.S. and Head Masters in Sr.P.S. were all to be filled in by way of promotion. The Assistant Teachers of Jr.P.S. were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. and Head Master of Jr.P.S. Those who were working in the cadre of Head Master, Jr.P.S. or Assistant Teacher, Sr.P.S. were eligible to be considered for promotion to the post of Head Master, Sr.P.S.
11. Vide Fifteenth Amendment Rules, 2012, issued vide Notification dated 30.8.2012, Rule 5 was substituted providing 50 per cent of posts of Assistant Teachers, Sr.P.S. and Head Master of Jr.P.S. by promotion and 50 per cent by direct recruitment. No change was made in the process of recruitment of Assistant Teachers of Jr.P.S. and Head Masters of Sr.P.S.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
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7. Sri R.K. Ojha, learned Senior Advocate, pointed out that in some of these matters, question of validity of Rules is attracted and the cases in which validity of Statute is involved, are within the determination of Bench presided by Hon'ble the Chief Justice, and, therefore, this Court may not have jurisdiction to hear those matters. However, this Court finds that all these cases are cognizable by Single Judge and to this extent there is no dispute between the parties. The cases in which validity of Statute is involved, and cognizable by Division Bench, the same are within the determination of Bench presided by Hon'ble the Chief Justice, but in respect of matters cognizable by Single Judge, I do not find any such determination. Moreover, all these cases have come up before this Court on the nomination made by Hon'ble the Chief Justice and, therefore, in my view, this argument has no substance.
8. Learned counsels for parties proceeded to address the Court on merits in all these matters with request that since huge number of appointments are involved in these cases causing irreparable loss to eligible and selected candidates, therefore, these matters may be decided at an early date. I proceed accordingly.
9. Some facts in brief, as borne out from record of First Petition, necessary for adjudication of dispute are as under.
10. Recruitment to the post of Assistant Teacher in Primary Schools comprising of Junior Primary Schools (hereinafter referred to as "Jr.P.S.") and Senior Primary Schools (hereinafter referred to as "Sr.P.S.") as also for the post of Head Master in Jr.P.S., is governed by U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981"). Recruitment to the posts of Assistant Teacher in Jr.P.S. is open for direct recruitment only. Rest of the cadres, namely, Assistant Teacher in Sr.P.S. and Head Masters in Jr.P.S. and Head Masters in Sr.P.S. were all to be filled in by way of promotion. The Assistant Teachers of Jr.P.S. were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. and Head Master of Jr.P.S. Those who were working in the cadre of Head Master, Jr.P.S. or Assistant Teacher, Sr.P.S. were eligible to be considered for promotion to the post of Head Master, Sr.P.S.
11. Vide Fifteenth Amendment Rules, 2012, issued vide Notification dated 30.8.2012, Rule 5 was substituted providing 50 per cent of posts of Assistant Teachers, Sr.P.S. and Head Master of Jr.P.S. by promotion and 50 per cent by direct recruitment. No change was made in the process of recruitment of Assistant Teachers of Jr.P.S. and Head Masters of Sr.P.S.
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
