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Sunday, August 30, 2015

UPTET SARKARI NAUKRI News -Late B Ed Result Causes Problem in selection in 72825 Teacher Rectt., Petitioner went to Supreme Court and takes direction for her selection, but result comes in 2014 -

UPTET SARKARI NAUKRI   News -Late B Ed Result Causes Problem in selection in 72825 Teacher Rectt., Petitioner went to Supreme Court and takes direction for her selection, but result comes in 2014


HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 7

Case :- WRIT - A No. - 47713 of 2015

Petitioner :- Richa Mishra
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vimal Chandra Mishra
Counsel for Respondent :- C.S.C.,Sunil Kumar

Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri Nand Kishore Singh, learned counsel appearing for the respondent no. 4.
At the very outset, Sri Nand Kishore Singh, learned counsel appearing for the respondent no. 4 has pointed out that for the same relief the petitioner has earlier filed Writ A No. 27898 of 2015, Smt. Richa Mishra Vs. State of U.P. and others, which was dismissed vide judgment dated 15.5.2015, which is quoted as under:
"Heard learned counsel for the petitioner, Shri Nand Kishore Singh for the respondent no. 3 and the learned Standing Counsel appearing for the respondents no. 1 and 2.
By means of this writ petition the petitioner has come to this Court with the grievance that she may be allowed appointment as 'Assistant Teacher', for which selection proceedings were initiated in 2011 for trained graduates.
The petitioner had appeared in B.Ed. from Jiwaji University, Gwalior, but her results were not being declared till the time she applied under the advertisement. Since she did not possess the B.Ed. degree she was not allowed. However, the petitioner went upto the Hon'ble Supreme Court and upon direction of the Hon'ble Supreme Court she was allowed to participate in the selection. Now the grievance of the petitioner is that when Jiwaji University never declared the result of B.Ed., from Chhatrapati Sahu Ji Maharaj University, Kanpur she obtained B.Ed. degree in 2014 and, therefore, it is prayed that she may be allowed to participate and consider for appointment of 'Assistant Teacher' for which selection begun in 2011.
The selection of 2011 required only such trained graduates who have proper qualification to appear in the selection. Admittedly, in 2011 the petitioner was not B.Ed. She did her B.Ed. in 2014 and, therefore, there is no basis to claim selection for 2011.
The writ petition has no merit and it is, accordingly, dismissed."

The present writ petition has been filed seeking following relief:-
"(a) Issued a writ, order or direction in the nature of MANDAMUS commanding and directing to the respondent no. 2 (Director, S.C.E.R.T. (State Counsel for Education Research & Training), U.P. Lucknow to pass/decide the order regarding the issuance of the appointment letter of the petitioner on the post of Trainee Assistant Teacher (Primary Level) in pursuance of pending letter of Margdarshan dated 12.03.2015 (Annexure No. 11) of the District Basic Education Officer, Hamirpur.
(b) Pass any other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.
(c) Award the cost of the writ petition."
The prayer made in the earlier Writ Petition No. 27898 of 2015, Smt. Richa Mishra Vs. State of U.P. and others is quoted as under:
"i) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 3 to issue appointment letter to the petitioner on the post of Assistant Teacher as she has qualified Teachers Eligibility Test, 2011.
ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 3 to decide the representation dated 22.01.2015 (Annexure No. 6 to the writ petition) sent by petitioner to the District Basic Education Officer, Hamirpur.
iii) issue any other writ, order or direction in favour of the petitioner as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case.
iv) Award the cost of the petition in favour of the petitioner."
For the same relief differently worded prayer in the present writ petition has been made as the claim of the petitioner was dismissed on merits by this Court vide order dated 15.5.2015.
In paragraph 1 of the writ petition, the petitioner has declared that no other writ petition has been filed before this Hon'ble Court or any other Bench of this Hon'ble Court in the facts and circumstances of the case.
In view of the aforesaid, the present writ petition is dismissed with a cost of Rs. 5,000/-, (Rupees Five Thousand), which the petitioner shall deposit with the Registrar General of this Court within a period of one month from today. On deposit of such cost, it shall be transmitted to the account of "High Court Legal Services Committee, Allahabad." If the petitioner fails to deposit the cost of Rs. 5,000/- (Rupees Five Thousand), the Registrar General of this Court shall inform the District Magistrate/Collector, Hamirpur for recovery of the said amount as arrears of land revenue, who shall after recovering the said amount from the petitioner, transmit it to the Registrar General of this Court for depositing in the account of "High Court Legal Services Committee, Allahabad" within a further period of three months.
Order Date :- 26.8.2015
p.s. 


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