UPTET SARKARI NAUKRI News - JRT PRT BOTH ORDER, ORIGINAL TESTIMONIAL KI JAGHE ATTESTED COPIES SE KAAM CHAL SAKTA HAI -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- SERVICE SINGLE No. - 6110 of 2015
Petitioner :- Anil Kumar Srivastava
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
Counsel for Petitioner :- Vivek Pandey
Counsel for Respondent :- C.S.C.,Ghaus Beg
Hon'ble Rajan Roy,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel and Shri Ghaus Beg, learned counsel for the opposite parties no. 2 and 3.
The petitioner herein submitted the original testimonials while applying for appointment to the post of Assistant Teacher in Senior Basic School. Thereafter, the post of Assistant Teacher in Primary School was advertised wherein also the condition of submission of original testimonials existed.
In these compelling circumstances when the petitioner approached the concerned authority for returning of the original testimonials deposited in respect to earlier advertisement pertaining to Senior Basic School, he was required to submit an affidavit that he will not seek appointment against the post of Assistant Teacher in Senior Basic School and then the original testimonials were returned.
The contention of the counsel for the petitioner is that in such an arbitrary manner, the petitioner is being deprived of his right of consideration for appointment on the post of Assistant Teacher in the Senior Basis School based on the affidavit submitted by the petitioner.
Considering the facts of the case, this Court is of the view that a right of consideration for employment is a fundamental right under Article 16 of the Constitution of India. The same can not be denied based on the alleged affidavit submitted by the petitioner under compelling circumstances, on the demand of the opposite parties which in the first place was quite objectionable and illegal.
In these circumstances, it is provided that any such affidavit or application submitted by the petitioner, shall not be taken into cognizance, if the petitioner is otherwise eligible and entitled to be considered for appointment to the post of Assistant Teacher in Senior Basic School in pursuance to the advertisement issued in this regard.
At best the opposite parties can demand the petitioner to produce the original testimonials for verification at a later stage after submission of duly attested photocopies of the said testimonials.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 15.10.2015
R.K.P.
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- SERVICE SINGLE No. - 6110 of 2015
Petitioner :- Anil Kumar Srivastava
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
Counsel for Petitioner :- Vivek Pandey
Counsel for Respondent :- C.S.C.,Ghaus Beg
Hon'ble Rajan Roy,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel and Shri Ghaus Beg, learned counsel for the opposite parties no. 2 and 3.
The petitioner herein submitted the original testimonials while applying for appointment to the post of Assistant Teacher in Senior Basic School. Thereafter, the post of Assistant Teacher in Primary School was advertised wherein also the condition of submission of original testimonials existed.
In these compelling circumstances when the petitioner approached the concerned authority for returning of the original testimonials deposited in respect to earlier advertisement pertaining to Senior Basic School, he was required to submit an affidavit that he will not seek appointment against the post of Assistant Teacher in Senior Basic School and then the original testimonials were returned.
The contention of the counsel for the petitioner is that in such an arbitrary manner, the petitioner is being deprived of his right of consideration for appointment on the post of Assistant Teacher in the Senior Basis School based on the affidavit submitted by the petitioner.
Considering the facts of the case, this Court is of the view that a right of consideration for employment is a fundamental right under Article 16 of the Constitution of India. The same can not be denied based on the alleged affidavit submitted by the petitioner under compelling circumstances, on the demand of the opposite parties which in the first place was quite objectionable and illegal.
In these circumstances, it is provided that any such affidavit or application submitted by the petitioner, shall not be taken into cognizance, if the petitioner is otherwise eligible and entitled to be considered for appointment to the post of Assistant Teacher in Senior Basic School in pursuance to the advertisement issued in this regard.
At best the opposite parties can demand the petitioner to produce the original testimonials for verification at a later stage after submission of duly attested photocopies of the said testimonials.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 15.10.2015
R.K.P.
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
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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
