UPTET SARKARI NAUKRI
News - Shiksha Mitra Appointment not as per choice, Court gave relief
and directed District Megistrate Agra to consider claim of Shiksha Mitra
Lady Teacher -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- WRIT - A No. - 32496 of 2013
Petitioner :- Km. Arati Baghel
Respondent :- D.M. & 4 Others
Counsel for Petitioner :- V. Singh
Counsel for Respondent :- C.S.C.,Dinesh Tiwari,R.B. Yadav,V.Singh,Vivek Saran
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.� Learned Standing Counsel appears for respondent nos.1 to 4.� Shri Vivek Saran appears for respondent no.5.
By means of present writ petition, the petitioner has prayed for quashing the order dated 18.5.2013 passed by the District Magistrate and the order dated 20.4.2013 passed by the Basic Shiksha Adhikari.
In the present matter, this Court on 1.7.2013 had passed the following order:-
"The dispute raised in this petition is about the placement of the Respondent No.5 in one of the institutions under the same ward. It is undisputed that the respondent No.5 is higher in merit than the petitioner. The issue engaged the attention of this Court in a Writ Petition and again in Special Appeal where after the matter was remanded to the District Magistrate for decision afresh. The District Magistrate has now held that since the respondent No.5 is higher in merit, therefore, she can be placed at her choice in any institution.
Learned Counsel submits that there is no such rule to govern the placement on the choice of the candidate and that the respondent No.5 could not have occupied the post which was held by the petitioner.
Sri Saran for the respondent No.5, on the other hand, submits that there is no such rule of placing the institutions serial wise and since the institutions are in the same ward, therefore, the respondent No.5, being higher in merit, has been rightly given the choice of her own institution.
One of the facts, which may require consideration, is the institution which was opted for at the time of filling up of the application Form by the petitioner and Respondent No.5.
Accordingly, let the petitioner and the respondent No.5 file an Affidavit alongwith a copy of their application form to indicate as to which is the institution that they had opted for earlier at the time of filling up of the application form.
Put up on Monday next."
Shri Vivek Saran submits that he has filed a supplementary affidavit on 28th July, 2015 bringing on record the subsequent facts, but the same is not on record.� He has supplied the photocopy of the said supplementary affidavit, which is taken on record.
By way of supplementary affidavit, Shri Vivek Saran, learned counsel for respondent no.5 submits that at present the writ petition has become infructuous on the ground that the respondent no.5 namely Smt. Prakirna Sharma has been regularised on the post of Assistant Teacher in the pay scale of Rs.9300-34800 (Grade Pay 4200) vide order dated 18.5.2015.� On being regularised the petitioner was directed to be posted at Prathmik Vidhyalay Geeta Smarak, Sita Nagar, Rambagh, Agra as Assistant Teacher and in compliance thereof the petitioner joined at the said place on 20.5.2015.� It is averred that in the instant writ petition the petitioner had prayed for being appointed as Shiksha Mitra at Primary School, Chhalesar, Agra as Shiksha Mitra although she was appointed at Primary School, Garhi Chandni, Agra. It is submitted that once the services of respondent no.5 had been regularised by the concerned department and she had been shifted to another institution namely Prathmik Vidhyalaya Geeta Smarak, Sita Nagar, Rambagh, Agra as Asstt. Teacher,� therefore, at present the grievance of the petitioner no more survives.��
Learned counsel for the petitioner submits that till the date of the orders impugned the petitioner was very much working as Shiksha Mitra at Primary School, Chhalesar, Agra, therefore, a direction may be issued to the District Magistrate for placing her again on the same place.
In view of the above, without entering into the merits of the case, the writ petition is disposed of with direction to the District Magistrate, Agra to consider and decide the claim of the petitioner after giving him opportunity in accordance with law within six weeks from the date of production of certified copy of this order.
(Mahesh Chandra Tripathi,J.)
Order Date :- 4.8.2015
SP/
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?Court No. - 28
Case :- WRIT - A No. - 32496 of 2013
Petitioner :- Km. Arati Baghel
Respondent :- D.M. & 4 Others
Counsel for Petitioner :- V. Singh
Counsel for Respondent :- C.S.C.,Dinesh Tiwari,R.B. Yadav,V.Singh,Vivek Saran
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.� Learned Standing Counsel appears for respondent nos.1 to 4.� Shri Vivek Saran appears for respondent no.5.
By means of present writ petition, the petitioner has prayed for quashing the order dated 18.5.2013 passed by the District Magistrate and the order dated 20.4.2013 passed by the Basic Shiksha Adhikari.
In the present matter, this Court on 1.7.2013 had passed the following order:-
"The dispute raised in this petition is about the placement of the Respondent No.5 in one of the institutions under the same ward. It is undisputed that the respondent No.5 is higher in merit than the petitioner. The issue engaged the attention of this Court in a Writ Petition and again in Special Appeal where after the matter was remanded to the District Magistrate for decision afresh. The District Magistrate has now held that since the respondent No.5 is higher in merit, therefore, she can be placed at her choice in any institution.
Learned Counsel submits that there is no such rule to govern the placement on the choice of the candidate and that the respondent No.5 could not have occupied the post which was held by the petitioner.
Sri Saran for the respondent No.5, on the other hand, submits that there is no such rule of placing the institutions serial wise and since the institutions are in the same ward, therefore, the respondent No.5, being higher in merit, has been rightly given the choice of her own institution.
One of the facts, which may require consideration, is the institution which was opted for at the time of filling up of the application Form by the petitioner and Respondent No.5.
Accordingly, let the petitioner and the respondent No.5 file an Affidavit alongwith a copy of their application form to indicate as to which is the institution that they had opted for earlier at the time of filling up of the application form.
Put up on Monday next."
Shri Vivek Saran submits that he has filed a supplementary affidavit on 28th July, 2015 bringing on record the subsequent facts, but the same is not on record.� He has supplied the photocopy of the said supplementary affidavit, which is taken on record.
By way of supplementary affidavit, Shri Vivek Saran, learned counsel for respondent no.5 submits that at present the writ petition has become infructuous on the ground that the respondent no.5 namely Smt. Prakirna Sharma has been regularised on the post of Assistant Teacher in the pay scale of Rs.9300-34800 (Grade Pay 4200) vide order dated 18.5.2015.� On being regularised the petitioner was directed to be posted at Prathmik Vidhyalay Geeta Smarak, Sita Nagar, Rambagh, Agra as Assistant Teacher and in compliance thereof the petitioner joined at the said place on 20.5.2015.� It is averred that in the instant writ petition the petitioner had prayed for being appointed as Shiksha Mitra at Primary School, Chhalesar, Agra as Shiksha Mitra although she was appointed at Primary School, Garhi Chandni, Agra. It is submitted that once the services of respondent no.5 had been regularised by the concerned department and she had been shifted to another institution namely Prathmik Vidhyalaya Geeta Smarak, Sita Nagar, Rambagh, Agra as Asstt. Teacher,� therefore, at present the grievance of the petitioner no more survives.��
Learned counsel for the petitioner submits that till the date of the orders impugned the petitioner was very much working as Shiksha Mitra at Primary School, Chhalesar, Agra, therefore, a direction may be issued to the District Magistrate for placing her again on the same place.
In view of the above, without entering into the merits of the case, the writ petition is disposed of with direction to the District Magistrate, Agra to consider and decide the claim of the petitioner after giving him opportunity in accordance with law within six weeks from the date of production of certified copy of this order.
(Mahesh Chandra Tripathi,J.)
Order Date :- 4.8.2015
SP/
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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
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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
