UPTET SARKARI NAUKRI News - BTC 2004, 2007-11 BATCH NE BTC 2012 KO BHRTEE SE BAHAR KARNE KI MAANG KI, LEKIN COURT NE KAHA AAP BHEE PARTY BAN JAIYE AUR BTC 2012 KI PROVISIONAL COUNSELING KO CHALANGE KARIYE, COURT NE AAYE DIN KE CASE KE JHAMELON SE BACHNE KE LEEYE BTC 2012 VALON KO PROVISIONALLY ALLOW KIYA HAI-
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL No. - 801 of 2015
Appellant :- Ajit Mishra & Another
Respondent :- State Of U.P. & Others
Counsel for Appellant :- Man Bahadur Singh,Indrasen Singh Tomar
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Santosh Kumar,Siddharth
Khare
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Ajit Mishra s/o Prem Shankar Mishra and Rajeev Kant Tiwari s/o Om Nath
Tiwari are before this Court questioning the validity of the order dated
15.10.2015 passed by a learned Single Judge of this Court in Writ Petition
No. 59443 of 2015 (Anil Kumar Maurya & 2 others Vs. State of U.P. &
others). The order passed by the learned Single Judge is quoted below;
"The petitioners are three in number. They are candidates for the
appointment as Assistant Teachers. They are aggrieved by the order dated
10th October, 2015 issued by the third respondent, whereby he excluded the
petitioners from the zone of consideration.
It is contended on behalf of the petitioners that vide Government Order
dated 09th December, 2014 a decision has been taken for the recruitment of
15000 Assistant Teachers in Primary Schools. In the said Government Order,
a detail schedule has been provided and the last date for submission of the
forms was fixed as 05th March, 2015.
It is stated that the petitioners have passed their two year regular BTC
Course and they have also cleared U.P. Teachers Eligibility Test (Primary
Level), thus they are qualified for the appointment on the posts of
Assistant Teacher (Primary School).
It is further contended on behalf of the petitioners that the last date was
extended twice by the respondents. It is submitted that second time the
last date was extended for those candidates who have obtained the Diploma
in Education (Special Education). The respondents have again, third time,
extended the last date in respect of the candidates who were within the
permissible age limit as on 1.7.2015 and who have passed Special BTC 2004,
2007 and 2008. The further
direction has been issued for rejection of
remaining candidates. Consequent upon the said directions, the petitioners
shall be excluded from the zone of consideration.
It is stated that the petitioners' names find place in the mother list
prepared by the respondents as they have submitted their forms before the
last date i.e. 11th September, 2015.
Learned Counsel for the third respondent Sri B.P. Singh was granted time to
seek instructions to verify the said fact. On the basis of instructions, he
submits that it is true that the petitioners' names are in the mother list.
Learned Counsel for the respondents may file counter affidavit within six
weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the said period.
In view of the said submission the petitioners are allowed to participate
in the ensuing counselling, however, if they are selected, their
appointment shall abide by the result of this writ petition.
Having regard to the facts of the case, I find that in the interest of
justice, a general direction be issued upon the respondents as under:
(i) The similarly placed persons whose names are in the mother list, shall
be allowed provisionally to participate in the counselling; and,
(ii) In case they are selected, in their appointment letters it would be
clearly mentioned that their appointments shall be subject to the result of
this writ petition.
The above general direction is issued with a view to save the invaluable
time of this Court from spate of the writ petitions on the similar
grounds."
On the matter being taken up today, from the side of appellants, it has
been sought to be contended that on account of passing of such an interim
order the zone of consideration has been enlarged by the learned Single
Judge and such an order ought not to have been passed and, in the facts of
the case, net effect of passing of such a general order is that large
number of candidates have been permitted to undertake the counselling in
question and process of issuance of appointment
letter is on.
We have examined the order dated 15.10.2015 and what we find from the said
order in question is that in pith and substance the order in question is
purely provisional in nature for the simple reason that orders have been
passed allowing the candidates to provisionally participate in the
counselling and, thereafter, further directives have been issued that in
case they are selected, in their appointment letters it would be clearly
mentioned that their appointments shall be subject to the result of this
writ petition.
Once such is the factual situation that provisional permission has been
accorded by the learned Single Judge by exercising his discretion in favour
of candidates and it has also been made clear that in case they are
selected, their appointment shall be subject to the result of the writ
petition in question, then in the facts of the case, in our opinion
appropriate remedy for the appellants, who are before us or other similarly
situated candidates, is to join the respondents of the aforementioned writ
petition and resist their claim on merits instead of filing of present
special appeal.
Special appeal is dismissed, accordingly.
Order Date :- 2.11.2015
Shekhar
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
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, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL No. - 801 of 2015
Appellant :- Ajit Mishra & Another
Respondent :- State Of U.P. & Others
Counsel for Appellant :- Man Bahadur Singh,Indrasen Singh Tomar
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Santosh Kumar,Siddharth
Khare
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Ajit Mishra s/o Prem Shankar Mishra and Rajeev Kant Tiwari s/o Om Nath
Tiwari are before this Court questioning the validity of the order dated
15.10.2015 passed by a learned Single Judge of this Court in Writ Petition
No. 59443 of 2015 (Anil Kumar Maurya & 2 others Vs. State of U.P. &
others). The order passed by the learned Single Judge is quoted below;
"The petitioners are three in number. They are candidates for the
appointment as Assistant Teachers. They are aggrieved by the order dated
10th October, 2015 issued by the third respondent, whereby he excluded the
petitioners from the zone of consideration.
It is contended on behalf of the petitioners that vide Government Order
dated 09th December, 2014 a decision has been taken for the recruitment of
15000 Assistant Teachers in Primary Schools. In the said Government Order,
a detail schedule has been provided and the last date for submission of the
forms was fixed as 05th March, 2015.
It is stated that the petitioners have passed their two year regular BTC
Course and they have also cleared U.P. Teachers Eligibility Test (Primary
Level), thus they are qualified for the appointment on the posts of
Assistant Teacher (Primary School).
It is further contended on behalf of the petitioners that the last date was
extended twice by the respondents. It is submitted that second time the
last date was extended for those candidates who have obtained the Diploma
in Education (Special Education). The respondents have again, third time,
extended the last date in respect of the candidates who were within the
permissible age limit as on 1.7.2015 and who have passed Special BTC 2004,
2007 and 2008. The further
direction has been issued for rejection of
remaining candidates. Consequent upon the said directions, the petitioners
shall be excluded from the zone of consideration.
It is stated that the petitioners' names find place in the mother list
prepared by the respondents as they have submitted their forms before the
last date i.e. 11th September, 2015.
Learned Counsel for the third respondent Sri B.P. Singh was granted time to
seek instructions to verify the said fact. On the basis of instructions, he
submits that it is true that the petitioners' names are in the mother list.
Learned Counsel for the respondents may file counter affidavit within six
weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the said period.
In view of the said submission the petitioners are allowed to participate
in the ensuing counselling, however, if they are selected, their
appointment shall abide by the result of this writ petition.
Having regard to the facts of the case, I find that in the interest of
justice, a general direction be issued upon the respondents as under:
(i) The similarly placed persons whose names are in the mother list, shall
be allowed provisionally to participate in the counselling; and,
(ii) In case they are selected, in their appointment letters it would be
clearly mentioned that their appointments shall be subject to the result of
this writ petition.
The above general direction is issued with a view to save the invaluable
time of this Court from spate of the writ petitions on the similar
grounds."
On the matter being taken up today, from the side of appellants, it has
been sought to be contended that on account of passing of such an interim
order the zone of consideration has been enlarged by the learned Single
Judge and such an order ought not to have been passed and, in the facts of
the case, net effect of passing of such a general order is that large
number of candidates have been permitted to undertake the counselling in
question and process of issuance of appointment
letter is on.
We have examined the order dated 15.10.2015 and what we find from the said
order in question is that in pith and substance the order in question is
purely provisional in nature for the simple reason that orders have been
passed allowing the candidates to provisionally participate in the
counselling and, thereafter, further directives have been issued that in
case they are selected, in their appointment letters it would be clearly
mentioned that their appointments shall be subject to the result of this
writ petition.
Once such is the factual situation that provisional permission has been
accorded by the learned Single Judge by exercising his discretion in favour
of candidates and it has also been made clear that in case they are
selected, their appointment shall be subject to the result of the writ
petition in question, then in the facts of the case, in our opinion
appropriate remedy for the appellants, who are before us or other similarly
situated candidates, is to join the respondents of the aforementioned writ
petition and resist their claim on merits instead of filing of present
special appeal.
Special appeal is dismissed, accordingly.
Order Date :- 2.11.2015
Shekhar
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
Shiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
