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Monday, November 23, 2015

UPTET SARKARI NAUKRI News - JRT PRT Both - 72825 ki Antim Counseling mein agar seats vacant rahee to mil saktee hai PRT mein bhee Niyukti -

UPTET SARKARI NAUKRI   News - JRT PRT Both - 72825 ki Antim Counseling mein agar seats vacant rahee to mil saktee hai PRT mein bhee Niyukti 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 62974 of 2015 

Petitioner :- Ajoy Kumar Yadav & 17 Others 
Respondent :- State Of U.P. & 5 Others 
Counsel for Petitioner :- Jitendra Kumar 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta,Sunil Kumar Singh 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioners are Eighteen in number.� They have sought the following relief:- 
"i) Issue a writ order or direction in the nature of certiorari quashing the impugned notices/order dated 16.10.2015 issued by the respondent no.5 and impugned notice/order dated 20.10.2015 issued by respondent no.6, to the extent it compels the petitioner to tender resignation from senior basic schools and appear in counselling of primary schools on the scheduled date in impugned notice, otherwise their candidature stand cancelled." 
Learned Standing Counsel has accepted notice on behalf of the State functionaries. Sri Shyam Krishna Gupta, learned counsel has accepted notice on behalf of respondent no. 4 and 5 and Sri Chandrasekhar Singh, learned counsel has put in appearance on behalf of the respondent no.6. 
Learned counsel for the parties agree that in the similar circumstance, this Court in Writ Petition No. 61395 of 2015 (Manoj Kumar & 43 others v. State of U.P. & 19 others), has passed an interim order. A copy of the said order has been brought on record as Annexure-7 to the writ petition. The relevant part of the said order is extracted hereunder below 
"Learned counsel for the petitioners is permitted to implead the Director, SCERT, Lucknow as one of the respondents during the course of the day. 
All the 44 petitioners are working as Assistant Teachers (Mathematics and Science) in the Senior Basic Schools. 
Previously, an advertisement was made on 30.11.2011 for recruitment of the Assistant Teachers in the Junior Basic Schools against 72825 vacancies. Later on, vide advertisement dated 13.07.2013, the respondents called applications for the appointment of 29334 Assistant Teachers (Mathematics and Science) in Senior Basic Schools. 
It is stated that the petitioners have applied against both the advertisement and they have been selected as Assistant Teachers (Mathematics and Science) in the Senior Basic Schools and as Trainee Teachers in the Junior Basic Schools. The petitioners have completed their six months training as Trainee Teachers in the Junior Basic School but at present they are working as Assistant Teachers (Mathematics and Science) in the Senior Basic Schools. 
Their grievance is that the entire recruitment process pursuant to the advertisement dated 11.08.2013 is under cloud as various writ petitions and special appeals in this Court are pending. 
In the meantime, fourth round of counselling is going on for the Trainee Teachers wherein the petitioners have been directed to submit their original educational testimonials within 15 days, failing which, their selection as Trainee Teachers in the Junior Basic School shall stand cancelled. 
Learned counsel for the petitioner further submits that the original educational testimonials have been deposited with the authorities of the Senior Basic Schools, therefore, they are unable to produce it for their appointment as Trainee Teachers. 
It is submitted by Sri B.P. Singh and Sri A.K. Yadav, learned counsel for the respondents that in case any interim order is granted, it would cause serious prejudice to complete the selection of the Training Teachers in compliance of the order of Supreme Court. 
Learned counsel for the petitioner in rejoinder submits that there are still large number of vacancies of the Trainee Teachers even after completing the present counselling for the Training Teachers. 
Having regard to the facts and circumstances of the case, a direction is issued to respondents to complete the present counselling and the selection in compliance of the order of the Supreme Court but the petitioners shall be considered in the last round of the counselling, if the post remains vacant. 
Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 
List after expiry of the aforesaid period. 
Till the last selection is completed, the claim of the petitioners shall not be cancelled. 
The benefit of the order extracted herein above is extended to the petitioners of this case also. 
All the respondents may file counter affidavit� within six weeks. Rejoinder, if any within a week thereafter. 
List the matter after expiry of the said period. 
Order Date :- 17.11.2015 
ssm 




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