UPTET SARKARI NAUKRI News - JRT ORDER PART 9 -
50. There is one more angle from which the matter can be examined. Rule 14 (3) of Fifteenth Amendment Rules, 2012 was already struck down by Division Bench in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra). Rule 14(3)(a) of Sixteenth Amendment Rules, 2012 in all respects is pari-materia to Rule 14 (3). Therefore, the reasons which impelled this Court to declare Rule 14(3), Fifteenth Amendment Rules, 2012 ultra vires equally apply to Rule 14(3) (a) and (b) of Sixteenth Amendment Rules, 2012 also. I have no hesitation in my mind that for the reasons contained in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra), Rule 14 (3) of Sixteenth Amendment Rules, 2012 also cannot be sustained and it is also arbitrary and ultra vires.
51. In view of the above, Writ Petitions No. 57476 of 2013 and 28003 of 2015 are allowed partly. Respondents are directed to prepare the list of candidates under Rule 14 of Rules, 1981 afresh, in accordance with law and thereafter proceed to make appointment accordingly.
52. Writ Petition No. 28977 of 2015 is disposed of with the direction that in case petitioner's name finds place in the list now re-prepared by respondents in the light of this judgment in First and Second Petition, respondents shall proceed to make appointment of petitioner without any further delay.
Group-B:
53. Writ Petition No. 58712 of 2013 (hereinafter referred to as "First Petition, Group-B") is at the instance of two petitioners, namely, Jayant Kumar Singh and Pramod Kumar, who have sought a writ of certiorari for quashing Notification dated 29.08.2013 published in daily newspaper dated 30.08.2013 for appointment of 151 Assistant Teachers of Maths and 151 Assistant Teachers of Science in Sr.P.S. (i.e. the Junior High School) and to declare the amendment made in Rule 5 providing 50 per cent recruitment by promotion and 50 per cent by direct recruitment as ultra vires on the ground that amendment is harsh, unjust and otherwise illegal being discriminatory.
54. Writ Petition No. 62241 of 2013 (hereinafter referred to as "Second Petition, Group-B") has been filed by four petitioners, namely, Sabarjeet Verma, Arun Kumar Singh, Manik Chandra Patel and Ram Ashraya Yadav, seeking a writ of certiorari for quashing GO dated 11.07.2013 insofar as it proceeds for recruitment of Assistant Teachers in Sr.P.S. by direct recruitment. The basic contention is that under Rules, 1981, earlier, recruitment on the aforesaid post of Assistant Teachers, Sr.P.S. was solely on the basis of promotion but by means of amendment, now 50 per cent vacancies have been made available for direct recruitment and only 50 per cent are available for promotion. This reduction in number of vacancies available for promotion is arbitrary and illegal. It is said that this amendment made by Sixteenth Amendment Rules, 2012 is bad.
55. Writ Petition No. 50787 of 2013 (hereinafter referred to as "Third Petition, Group-B") is at the instance of five petitioners, Satya Prakash Singh, Sanjay Kumar Dwivedi, Gyan Prakash Yadav, Anil Kumar Singh and Archana Kumari, who have challenged the advertisement dated 30.08.2013 published in daily newspaper "Amar Ujala" for making recruitment on the post of Assistant Teacher, Sr.P.S. in Science Group by way of direct recruitment. They have also assailed the GO dated 11.07.2013 as ultra vires to Rule 5 of Rules, 1981 providing for direct recruitment on the aforesaid post and they have sought a mandamus, commanding respondents to proceed to make appointment only by promotion on the aforesaid posts.
56. For the purpose of having brief facts, with the consent of learned counsels for parties, I have taken Writ Petition No. 58712 of 2013 as leading case. In this writ petition, two petitioners, namely, Jayant Kumar singh and Pramod Kumar, both were appointed as Assistant Teacher in Jr.P.S. in 2006 and 30.12.2005 respectively. Under Rules, 1981, they were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. or Head Master, Jr.P.S after acquiring eligibility. District Basic Education Officer, Chandauli determined 151 vacancies of Assistant Teachers in Sr.P.s. for Science and 151 vacancies of Assistant Teachers in Sr.P.S. for Maths which were to be filled in by promotion. He initiated selection process by issuing Notification dated 13.8.2013 published in Daily News Paper "Dainik Jagran". All eligible and qualified candidates were to attend counseling at District Institute of Education and Training (DIET), Chandauli on 16.8.2003. When they reached the venue, it was informed that counseling has been cancelled and next date shall be informed but none was informed. Instead, another Notification dated 29.8.2013 was published for recruitment of 151 Assistant Teachers (Science) and 151 Assistant Teachers (Maths) in Jr.P.S. by direct recruitment. The aforesaid advertisement/Notification dated 29.8.2013 published in Daily Newspaper "Dainik Jagran" on 30.8.2013 has been issued pursuant to GO dated 11.7.2013 whereby Rules 5 and 8 of Rules, 1981 have been amended, providing 50 per cent posts to be filled in by promotion and 50 per cent by direct recruitment, though earlier all these posts of Assistant Teachers, Sr.P.S. were available for promotion only. Consequently, it is contended that this amendment in the Rules is arbitrary and violative of Articles 14 and 16.
57. It is, however, not disputed that Rule 5 was amended vide Notification dated 30.8.2012 and when advertisement dated 13.8.2013 was issued, this amendment of Rule 5 was not noticed. In fact, in ignorance of amendment of Rule 5, the authority issued notice of vacancies to be filled in by promotion, but did not proceed when this omission came to their knowledge.
58. Basic contention of learned counsel appearing in these three writ petitions (Group-B) is that alteration in the source of recruitment and to the extent recruitment is to be made from particular source is illegal and arbitrary inasmuch petitioners on the date of appointment in feeder cadre, i.e., Assistant Teacher, Jr.P.S. had a right to be considered for promotion to all the posts of Assistant Teachers available in various Sr.P.S. by way of promotion and that right stood vested in them which cannot be divested by reducing the number of vacancies of Assistant Teacher, Sr.P.S. available to Teachers in feeder cadre. Now it has been reduced from 100 per cent to 50 per cent.
59. In view of the above, the question, which has to be considered, is "whether an employee has a vested right in respect of quota determined for promotion in the higher post"; and, "whether the rule framing authority cannot change the extent and strength of promotion quota by exercising power of amendment of Rules".
60. A perusal of Rules, 1981 as amended vide Fifteenth Amendment Rules, 2012 makes it clear that Rule 5 has now been substituted by another Rule 5 and it reads as under:
5- Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
5- Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
(a) (i) Mistresses of Nursery Schools
By Direct recruitment as provided in rules 14 and 15
(a) (i) Mistresses of Nursery Schools
By Direct recruitment as provided in rules 14 and 15
(ii) Assistant Masters and Assistant Mistresses of Junior Basic Schools
-Ditto-
(ii) Assistant Masters and Assistant Mistresses of Junior Basic Schools
-Ditto-
(b)(i) Head Mistresses of Nursery Schools
By promotion as provided in the rule 18;
(b)(i) Head Mistresses of Nursery Schools
By promotion as provided in the rule 18;
(ii) Head Masters and Head Mistresses of Junior Basic Schools
By promotion as provided in Rule 18;
(ii) Head Masters and Head Mistresses of Junior Basic Schools
By promotion as provided in Rule 18;
(iii) Assistant Masters of Senior Basic Schools
-Ditto-
(iii) Assistant Masters of Science-Maths for Senior Basic Schools
50% by direct recruitment and 50 % by promotion
(iv) Assistant Mistresses of Senior Basic Schools
-Ditto-
(iv) Assistant Mistresses of Science-Maths for Senior Basic Schools
-Ditto-
(v) Assistant Masters of other than Science-Maths for Senior Basic Schools
By promotion as provided in rule 18;
(vi) Assistant Mistresses of other than Science-Maths for Senior Basic Schools
-Ditto-
(v) Head Masters of Senior Basic Schools
-Ditto-
(vii) Head Masters of Senior Basic Schools
-Ditto-
(vi) Head Mistresses of Senior Basic Schools
-Ditto-
(viii) Head Mistresses of Senior Basic Schools
-Ditto-
Provided that if suitable candidates are not available for promotion to the posts mentioned at (iii) and (iv) above appointment may be made by direct recruitment in the manner laid down in rule 15.
Provided that if suitable candidates are not available for promotion to the posts mentioned at (v) and (vi) above appointment may be made by direct recruitment in the manner laid down in rule 15.
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50. There is one more angle from which the matter can be examined. Rule 14 (3) of Fifteenth Amendment Rules, 2012 was already struck down by Division Bench in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra). Rule 14(3)(a) of Sixteenth Amendment Rules, 2012 in all respects is pari-materia to Rule 14 (3). Therefore, the reasons which impelled this Court to declare Rule 14(3), Fifteenth Amendment Rules, 2012 ultra vires equally apply to Rule 14(3) (a) and (b) of Sixteenth Amendment Rules, 2012 also. I have no hesitation in my mind that for the reasons contained in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra), Rule 14 (3) of Sixteenth Amendment Rules, 2012 also cannot be sustained and it is also arbitrary and ultra vires.
51. In view of the above, Writ Petitions No. 57476 of 2013 and 28003 of 2015 are allowed partly. Respondents are directed to prepare the list of candidates under Rule 14 of Rules, 1981 afresh, in accordance with law and thereafter proceed to make appointment accordingly.
52. Writ Petition No. 28977 of 2015 is disposed of with the direction that in case petitioner's name finds place in the list now re-prepared by respondents in the light of this judgment in First and Second Petition, respondents shall proceed to make appointment of petitioner without any further delay.
Group-B:
53. Writ Petition No. 58712 of 2013 (hereinafter referred to as "First Petition, Group-B") is at the instance of two petitioners, namely, Jayant Kumar Singh and Pramod Kumar, who have sought a writ of certiorari for quashing Notification dated 29.08.2013 published in daily newspaper dated 30.08.2013 for appointment of 151 Assistant Teachers of Maths and 151 Assistant Teachers of Science in Sr.P.S. (i.e. the Junior High School) and to declare the amendment made in Rule 5 providing 50 per cent recruitment by promotion and 50 per cent by direct recruitment as ultra vires on the ground that amendment is harsh, unjust and otherwise illegal being discriminatory.
54. Writ Petition No. 62241 of 2013 (hereinafter referred to as "Second Petition, Group-B") has been filed by four petitioners, namely, Sabarjeet Verma, Arun Kumar Singh, Manik Chandra Patel and Ram Ashraya Yadav, seeking a writ of certiorari for quashing GO dated 11.07.2013 insofar as it proceeds for recruitment of Assistant Teachers in Sr.P.S. by direct recruitment. The basic contention is that under Rules, 1981, earlier, recruitment on the aforesaid post of Assistant Teachers, Sr.P.S. was solely on the basis of promotion but by means of amendment, now 50 per cent vacancies have been made available for direct recruitment and only 50 per cent are available for promotion. This reduction in number of vacancies available for promotion is arbitrary and illegal. It is said that this amendment made by Sixteenth Amendment Rules, 2012 is bad.
55. Writ Petition No. 50787 of 2013 (hereinafter referred to as "Third Petition, Group-B") is at the instance of five petitioners, Satya Prakash Singh, Sanjay Kumar Dwivedi, Gyan Prakash Yadav, Anil Kumar Singh and Archana Kumari, who have challenged the advertisement dated 30.08.2013 published in daily newspaper "Amar Ujala" for making recruitment on the post of Assistant Teacher, Sr.P.S. in Science Group by way of direct recruitment. They have also assailed the GO dated 11.07.2013 as ultra vires to Rule 5 of Rules, 1981 providing for direct recruitment on the aforesaid post and they have sought a mandamus, commanding respondents to proceed to make appointment only by promotion on the aforesaid posts.
56. For the purpose of having brief facts, with the consent of learned counsels for parties, I have taken Writ Petition No. 58712 of 2013 as leading case. In this writ petition, two petitioners, namely, Jayant Kumar singh and Pramod Kumar, both were appointed as Assistant Teacher in Jr.P.S. in 2006 and 30.12.2005 respectively. Under Rules, 1981, they were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. or Head Master, Jr.P.S after acquiring eligibility. District Basic Education Officer, Chandauli determined 151 vacancies of Assistant Teachers in Sr.P.s. for Science and 151 vacancies of Assistant Teachers in Sr.P.S. for Maths which were to be filled in by promotion. He initiated selection process by issuing Notification dated 13.8.2013 published in Daily News Paper "Dainik Jagran". All eligible and qualified candidates were to attend counseling at District Institute of Education and Training (DIET), Chandauli on 16.8.2003. When they reached the venue, it was informed that counseling has been cancelled and next date shall be informed but none was informed. Instead, another Notification dated 29.8.2013 was published for recruitment of 151 Assistant Teachers (Science) and 151 Assistant Teachers (Maths) in Jr.P.S. by direct recruitment. The aforesaid advertisement/Notification dated 29.8.2013 published in Daily Newspaper "Dainik Jagran" on 30.8.2013 has been issued pursuant to GO dated 11.7.2013 whereby Rules 5 and 8 of Rules, 1981 have been amended, providing 50 per cent posts to be filled in by promotion and 50 per cent by direct recruitment, though earlier all these posts of Assistant Teachers, Sr.P.S. were available for promotion only. Consequently, it is contended that this amendment in the Rules is arbitrary and violative of Articles 14 and 16.
57. It is, however, not disputed that Rule 5 was amended vide Notification dated 30.8.2012 and when advertisement dated 13.8.2013 was issued, this amendment of Rule 5 was not noticed. In fact, in ignorance of amendment of Rule 5, the authority issued notice of vacancies to be filled in by promotion, but did not proceed when this omission came to their knowledge.
58. Basic contention of learned counsel appearing in these three writ petitions (Group-B) is that alteration in the source of recruitment and to the extent recruitment is to be made from particular source is illegal and arbitrary inasmuch petitioners on the date of appointment in feeder cadre, i.e., Assistant Teacher, Jr.P.S. had a right to be considered for promotion to all the posts of Assistant Teachers available in various Sr.P.S. by way of promotion and that right stood vested in them which cannot be divested by reducing the number of vacancies of Assistant Teacher, Sr.P.S. available to Teachers in feeder cadre. Now it has been reduced from 100 per cent to 50 per cent.
59. In view of the above, the question, which has to be considered, is "whether an employee has a vested right in respect of quota determined for promotion in the higher post"; and, "whether the rule framing authority cannot change the extent and strength of promotion quota by exercising power of amendment of Rules".
60. A perusal of Rules, 1981 as amended vide Fifteenth Amendment Rules, 2012 makes it clear that Rule 5 has now been substituted by another Rule 5 and it reads as under:
5- Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
5- Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
(a) (i) Mistresses of Nursery Schools
By Direct recruitment as provided in rules 14 and 15
(a) (i) Mistresses of Nursery Schools
By Direct recruitment as provided in rules 14 and 15
(ii) Assistant Masters and Assistant Mistresses of Junior Basic Schools
-Ditto-
(ii) Assistant Masters and Assistant Mistresses of Junior Basic Schools
-Ditto-
(b)(i) Head Mistresses of Nursery Schools
By promotion as provided in the rule 18;
(b)(i) Head Mistresses of Nursery Schools
By promotion as provided in the rule 18;
(ii) Head Masters and Head Mistresses of Junior Basic Schools
By promotion as provided in Rule 18;
(ii) Head Masters and Head Mistresses of Junior Basic Schools
By promotion as provided in Rule 18;
(iii) Assistant Masters of Senior Basic Schools
-Ditto-
(iii) Assistant Masters of Science-Maths for Senior Basic Schools
50% by direct recruitment and 50 % by promotion
(iv) Assistant Mistresses of Senior Basic Schools
-Ditto-
(iv) Assistant Mistresses of Science-Maths for Senior Basic Schools
-Ditto-
(v) Assistant Masters of other than Science-Maths for Senior Basic Schools
By promotion as provided in rule 18;
(vi) Assistant Mistresses of other than Science-Maths for Senior Basic Schools
-Ditto-
(v) Head Masters of Senior Basic Schools
-Ditto-
(vii) Head Masters of Senior Basic Schools
-Ditto-
(vi) Head Mistresses of Senior Basic Schools
-Ditto-
(viii) Head Mistresses of Senior Basic Schools
-Ditto-
Provided that if suitable candidates are not available for promotion to the posts mentioned at (iii) and (iv) above appointment may be made by direct recruitment in the manner laid down in rule 15.
Provided that if suitable candidates are not available for promotion to the posts mentioned at (v) and (vi) above appointment may be made by direct recruitment in the manner laid down in rule 15.
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
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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
