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Saturday, September 22, 2018

UPTET News - प्राइमरी से जूनियर शिक्षक प्रमोशन में टेट की अनिवार्यता को लेकर सुनवाई फिर नये सिरे से होगी, एक दूसरी डिवीज़न बेंच ने कहा कि टेट मेंडेटरी को लेकर सिंगल बेंच व डिवीज़न बेंच ने सुनवाई ठीक से नहीं की -

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प्राइमरी से जूनियर शिक्षक प्रमोशन  में 
टेट की अनिवार्यता को लेकर सुनवाई फिर नये सिरे से होगी, एक दूसरी डिवीज़न बेंच ने कहा कि टेट मेंडेटरी को लेकर सिंगल बेंच व डिवीज़न बेंच ने सुनवाई ठीक से नहीं की 

Case :- SPECIAL APPEAL DEFECTIVE No. - 645 of 2018 

Appellant :- Bhisham Pal Singh And 4 Others 
Respondent :- Deepak Sharma And 21 Others 
Counsel for Appellant :- Kushmondeya Shahi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Dhananjay Awasthi,Satish Chandra Yadav,Shantanu Khare,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 
Hon'ble Bachchoo Lal,J. 
This appeal questions the correctness of the impugned judgment dated 15th May, 2018 on several grounds, more particularly on the ground that the learned Single Judge while proceeding to consider the legal aspects has omitted to consider the clause specifying exemption in possession of minimum qualification for promotion in the notification dated 23th August 2010 as referred to in the notification dated 12th November, 2014 which has been made the basis of the impugned judgment. It is further submitted that the learned single judge has also omitted to consider paragraphs 66 to 70 of the full Bench Judgment in the case of Anand Kumar Yadav and others vs. Union of India and others 2015 (8) ADJ 338 which has been affirmed by the Supreme Court. 
The contention therefore in short is that the learned Single Judge should have taken into consideration the aforesaid statutory provision and the law before arriving at the conclusion and issuing a mandamus. 
The judgment relied on has been placed before us. On the other hand, Sri Dhananjay Awasthi, learned counsel for NCTE has invited the attention of the Court to the judgment of a learned Single Judge in a case of Subedar Yadav and 54 others in writ Petition No.16523 of 2018 that has been upheld by a Division Bench in Special Appeal No.737 of 2018 decided on 04.09.2018. 
Sri Khare, learned Senior Counsel for the respondents-petitioners contends that as a matter of fact, the eligibility and minimum qualifications in the case of promotions which is presently involved would equally apply with the same force keeping in view the notifications that have been referred to by the learned Single Judge. He submits that the continuance of the appellants by itself will not condone or give them any subsidy in the possession of minimum qualifications which now stands standardised and prescribed under the notifications of the NCTE as indicated by the learned Single Judge in the impugned judgment. He therefore contends that there is no error much less a legal error and consequently if the appellants do not posses the said minimum eligibility criteria for promotion to the post of Head Master, they cannot as a matter of right contend that the directions issued by the learned Single Judge suffer from infirmity. 
We have considered the submissions raised and we find that the appeal deserves to be allowed on the short ground of total non-consideration of the exemptions referred to for promotion regarding possession of minimum qualification under the notification dated 23rd August 2010 which finds reference in the notification dated 12th November, 2014 as well as the decision in the case of Anand Kumar Yadav. We also find that neither before the learned Single Judge nor before the Bench which affirmed the judgment in the case of Subedar Yadav (supra), the aforesaid contentions were examined nor any reference was made to paragraphs 66 to 70 of the full Bench judgment in the case of Anand Kumar Yadav and others vs. Union of India and others 2015 (8) ADJ 338 as affirmed by the Supreme Court in the case of State of U.P and another Vs. Anand Kumar Yadav and others 2017 (3) ESC 570. 
We are of the opinion that the aforesaid provisions and the decision referred to above ought to have taken notice of that was imperative before arriving at the conclusion that the appellants or the candidates similarly situate would not be entitled to any of the exceptions as provided for in the notification dated 12.11.2014 read with the notification dated 23.08.2010. Consequently, on this short ground alone, the appeal deserves to be allowed. 
HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 40 
Civil Misc. Delay Condonation Application No.1 of 2018 
In 
Case :- SPECIAL APPEAL DEFECTIVE No. - 645 of 2018 

Appellant :- Bhisham Pal Singh And 4 Others 
Respondent :- Deepak Sharma And 21 Others 
Counsel for Appellant :- Kushmondeya Shahi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Dhananjay Awasthi,Satish Chandra Yadav,Shantanu Khare,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 
Hon'ble Bachchoo Lal,J. 
This application to condone the delay has been filed praying that the sufficient cause has been shown in the affidavit in support of the application which may be considered and the delay be condoned. 
Having considered the same, we are satisfied that the delay deserves to be condoned as sufficient cause has been shown. 
The application is allowed. The appeal shall be treated as within time and shall be given a regular number by he office. 
Order Date :- 18.9.2018 
saqlain 
Court No. - 40 
Civil Misc. (Leave to Appeal) Application No.2 of 2018 
In 
Case :- SPECIAL APPEAL DEFECTIVE No. - 645 of 2018 

Appellant :- Bhisham Pal Singh And 4 Others 
Respondent :- Deepak Sharma And 21 Others 
Counsel for Appellant :- Kushmondeya Shahi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Dhananjay Awasthi,Satish Chandra Yadav,Shantanu Khare,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 
Hon'ble Bachchoo Lal,J. 
Heard Sri K. Shahi, learned counsel for the appellant. 
This application for leave to appeal has been filed contending that all the appellants are directly affected on account of the directions issued by the learned Single Judge as their right of promotion has been affected in view of the mandamus issued by this Court under the impugned judgment date 15th May, 2018. 
Having heard learned counsel for the respondent-petitioners Sri Ashok Khare, learned senior counsel assisted by Ms. Neha Rai Choudhary, Sri Dhananjay Awasthi, learned counsel for the National Council for Teacher Education, Sri Ashok Kumar Yadav, Awadesh Kumar, Shyam Krishan Gupta and Statish Chandra Yadav for District Inspector of Schools concerned, and the learned standing counsel for the State, we are satisfied that the impugned judgment directly impinges upon the rights of promotion of the appellants and therefore, they have a right to prefer this appeal. 
Consequently, leave to appeal is granted. Application allowed. 
Order Date :- 18.9.2018 
saqlain 
Court No. - 40 


We accordingly allow the appeal and set aside the impugned judgment dated 15.05.2018 with a request to the learned Single Judge to proceed to hear and dispose of the matter at the earliest keeping in view of the fact that the promotions are long over due in the controversy presently involved. The appeal is accordingly allowed. 
The appellants are permitted to get themselves impleaded in the writ petition No.11287 of 2018 which shall stand restored to its original number and shall be heard on merits. 
Sri Dhananjay Awasthi the learned counsel the for NCTE as well as the learned standing counsel are both directed to file their counter affidavits in the said writ petition within two weeks and one week for rejoinder. The matter shall be heard thereafter. 
Appeal allowed. 
Order Date :- 18.9.2018 
saqlain







HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 40 
Civil Misc. Delay Condonation Application No.1 of 2018 
In 
Case :- SPECIAL APPEAL DEFECTIVE No. - 645 of 2018 

Appellant :- Bhisham Pal Singh And 4 Others 
Respondent :- Deepak Sharma And 21 Others 
Counsel for Appellant :- Kushmondeya Shahi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Dhananjay Awasthi,Satish Chandra Yadav,Shantanu Khare,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 
Hon'ble Bachchoo Lal,J. 
This application to condone the delay has been filed praying that the sufficient cause has been shown in the affidavit in support of the application which may be considered and the delay be condoned. 
Having considered the same, we are satisfied that the delay deserves to be condoned as sufficient cause has been shown. 
The application is allowed. The appeal shall be treated as within time and shall be given a regular number by he office. 
Order Date :- 18.9.2018 
saqlain 
Court No. - 40 
Civil Misc. (Leave to Appeal) Application No.2 of 2018 
In 
Case :- SPECIAL APPEAL DEFECTIVE No. - 645 of 2018 

Appellant :- Bhisham Pal Singh And 4 Others 
Respondent :- Deepak Sharma And 21 Others 
Counsel for Appellant :- Kushmondeya Shahi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Dhananjay Awasthi,Satish Chandra Yadav,Shantanu Khare,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 
Hon'ble Bachchoo Lal,J. 
Heard Sri K. Shahi, learned counsel for the appellant. 
This application for leave to appeal has been filed contending that all the appellants are directly affected on account of the directions issued by the learned Single Judge as their right of promotion has been affected in view of the mandamus issued by this Court under the impugned judgment date 15th May, 2018. 
Having heard learned counsel for the respondent-petitioners Sri Ashok Khare, learned senior counsel assisted by Ms. Neha Rai Choudhary, Sri Dhananjay Awasthi, learned counsel for the National Council for Teacher Education, Sri Ashok Kumar Yadav, Awadesh Kumar, Shyam Krishan Gupta and Statish Chandra Yadav for District Inspector of Schools concerned, and the learned standing counsel for the State, we are satisfied that the impugned judgment directly impinges upon the rights of promotion of the appellants and therefore, they have a right to prefer this appeal. 
Consequently, leave to appeal is granted. Application allowed. 
Order Date :- 18.9.2018 
saqlain 
Court No. - 40 





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UPTET News -हाईकोर्ट की डबल बेंच ने प्रमोशन में प्राइमरी से जूनियर शिक्षक के प्रमोशन में जूनियर टेट जरूरी माना था, सूबेदार यादव की याचिका खारिज हुई, हालांकि एक नया निर्णय चर्चा में हैं, अगली पोस्ट में लिखेंगे

UPTET  News -हाईकोर्ट की डबल बेंच ने  प्रमोशन में प्राइमरी से जूनियर शिक्षक के प्रमोशन में जूनियर टेट जरूरी माना था, सूबेदार यादव की याचिका खारिज हुई, हालांकि एक नया निर्णय चर्चा में हैं, अगली पोस्ट में लिखेंगे 




HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 34 

Case :- SPECIAL APPEAL No. - 737 of 2018 

Appellant :- Subedar Yadav And 4 Ors 
Respondent :- State Of U.P. And 4 Ors 
Counsel for Appellant :- Arpan Srivastava 
Counsel for Respondent :- C.S.C.,Dhananjay Awasthi,Ram Prakash Shukla 

Hon'ble Sudhir Agarwal,J. 
Hon'ble Om Prakash-VII,J. 
1. Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri Arpan Srivastava, learned counsel for appellants, learned Standing Counsel for respondent no. 1, Sri Dhananjay Awasthi for respondents no. 4 and 5 and perused the record. 
2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment and order dated 01.08.2018 passed by learned Single Judge dismissing appellants' writ petition no. 16523 of 2018 by which order impugned therein dated 17.05.2018 was sought to be quashed. 
3. Dispute in this appeal is, whether appellants are required to pass Teachers' Eligibility Test (hereinafter referred to "TET") for being considered for promotion from Primary to Junior High School under the Regulations. 
4. Learned counsel for the appellant contended that requirement of passing TET is confined to direct recruitment and not for the purpose of promotion. 
5. We are of the view that requirement of passing TET is necessary for selection, promotion and for any other mode of appointment and it is not confined only to the selection from open recruitment. 
6. We, therefore, find no reason to restrain respondents from taking aforesaid test. The purpose of having a person passed TET is only to judge one's efficiency and performance of imparting education Primary School. In case teachers are not efficient to impart primary education to its students, the very purpose of providing basic standard education would be defeated. 
7. We, therefore, find no fault in the judgment of learned Single Judge, assailed in this appeal. 
8. Dismissed. 
Order Date :- 4.9.2018 
Sachdeva



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Sunday, September 9, 2018

UPTET Shiksha Mitra News - 68500 शिक्षक भर्ती में गड़बड़ी, सचिव , रजिस्ट्रार व परीक्षा नियामक नपे

UPTET Shiksha Mitra   News - 68500 शिक्षक भर्ती में गड़बड़ी, सचिव , रजिस्ट्रार  व परीक्षा नियामक नपे 











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Friday, September 7, 2018

अंतर्जनपदीय ट्रांसफर अवमानना याचिका में सचिव खुद पहुंचे, सफाई दी - शिक्षिका ने अपनी बीमारी के दस्तावेज नहीं लगाए, मेरिट में नहीं आई, ट्रांसफर ऑनलाइन पारदर्शी ढंग से हुए, कोई मानवीय हस्तक्षेप की गुंजाइश नहीं, कोर्ट में मेटर क्लोज़ -

अंतर्जनपदीय ट्रांसफर अवमानना याचिका में सचिव खुद पहुंचे, सफाई दी - शिक्षिका ने अपनी बीमारी के दस्तावेज नहीं लगाए, मेरिट में नहीं आई, ट्रांसफर ऑनलाइन पारदर्शी ढंग से हुए, कोई मानवीय हस्तक्षेप की गुंजाइश नहीं, कोर्ट में मेटर क्लोज़ -



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 19 

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3836 of 2018 

Applicant :- Smt. Pooja Devi 
Opposite Party :- Sanjay Sinha Secretary And Another 
Counsel for Applicant :- Ravi Sahu 
Counsel for Opposite Party :- A.K.Yadav,Vikram Bahadur Yadav 

Hon'ble Manoj Kumar Gupta,J. 
By order dated 6.2.2018, Writ-A No.4625 of 2018 filed by the applicant was disposed of in terms of the judgement rendered in Writ-A No.2868 of 2018 (Bibha Singh Kushwaha and 21 others Vs. State of U.P. and 2 others. 
The operative part of the judgement dated 6.2.2018 in Bibha Singh Kushwaha (supra) reads thus:- 
"9. Once the assurance has been given, then this Court hopes and trusts that in the light of the order dated 5.2.2018 and the consequential order dated 6.2.2018 the respondent authority would proceed in the matter and very soon the publication would be made in the widely circulated newspapers across the State of U.P. for enabling the candidates, who fall under Rule 8 (2) (d) of Rules of 2008 to make on-line applications for their inter-district transfer. In case any such application would be made by the incumbents, then the process would be ensured strictly in accordance with law. As it is alleged and there is apprehension that pick and choose policy would be adopted in the transfer. In such a situation the Court is of the considered opinion that for ensuring fair play and transparency, the Secretary (Basic Education), Government of UP, Lucknow as well as Secretary, U.P. Basic Education Board, Allahabad shall monitor the entire transfer process in this regard. In case there is any lapses, irregularities or partiality in this regard, they would be solely responsible. It is made clear that in case any discrimination is done in the transfer, then the higher authority would be at liberty to proceed against the concerned authority in this regard. 
10. With the aforesaid directions/observations, the writ petition is disposed of."� 
The applicant had sought transfer by filing online application on the ground that she is seriously ill and, therefore, she should be transferred from District Etawah to district Kanpur Nagar/Jalaun. 
On 27.8.2018, the following order was passed:- 
"Sri Vikram Bahadur Singh has appeared today on behalf of the opposite parties. He has placed on record the instructions received by him from opposite party No. 1, according to which the application of the applicant for transfer was considered, but her name does not figure in the order dated 30.6.2018 issued by the department in regard to the candidates, whose request for inter-district transfer was allowed. 
A perusal of the order of the writ Court reveals that thereunder the Board was required to issue a detailed advertisement in newspapers having wide publicity and thereafter consider request for inter-district transfer. It was also the intent and purport of the order passed by this Court that there could be no bar in seeking transfer on the grounds covered by Rule 8(2)(d), even if five years of service had not been completed at the present place of service. The instructions furnished does not reveal that while finalising the list for transfer, no claim has been excluded on the said ground. It is also not clear that if there are more applicants seeking transfer to a particular district, as compared to vacancies, what criteria was followed in finalising the list. 
Learned counsel for the opposite party is also unable to explain the same. 
In such circumstances, the opposite party No. 1 is directed to appear in person before this Court on 6.9.2018 along with detailed affidavit to show compliance of the order of the writ Court in letter and spirit. 
Put up as fresh on 6.9.2018."� 
In compliance of the said order, opposite party no.1 has appeared in person. He has also filed two affidavits and wherein the stand taken is that the request of the applicant for transfer from district Etawah has been rejected, as the applicant failed to substantiate her claim. It is pointed out that a Government Order was issued on 13.6.2017, according to which, the application seeking transfer was to be filed online on the designated portal alongwith evidence in support of the claim. The applicant had failed to substantiate her claim of illness, as she did not submit any document. It is also stated in the affidavit that under clause 6 of the Government Order, where the existing vacancies in any particular district was more than 15% of the total sanctioned strength in the cadre, no transfer was permissible. 
Sri Arun Kumar, learned counsel appearing on behalf of opposite party no.1 has placed reliance on a judgement of this Court dated 13.8.2018 in Writ-A No.14395 of 2018 Smt. Ruchi Vs. State of U.P. and 2 others with other connected matters, where this Court has upheld the aforesaid restriction placed by Government Order. 
It is further submitted by Sri Arun Kumar that no transfer application has been rejected solely on the ground that a teacher has not completed five years of service at the present place of posting. He further submitted that the claim for transfer has been considered in the light of Government Order dated 13.6.2017 as modified by Government Order dated 20.9.2017. According to the procedure prescribed under these Government Orders, the applications submitted online are subjected to a grading system and marks are awarded accordingly. The aforesaid exercise is carried out by the software developed by National Informatics Centre without any human interference, thus ruling out favouritism. The final orders of transfer have been passed on the basis of points obtained according to the grading system, keeping in mind the vacancies available in each district. The transfer orders could only be downloaded by the candidate himself from the website of National Informatics Centre.� 
This being the factual position, this Court is of the opinion that substantial compliance of the directions issued by this Court in Bibha Singh Kushwaha has been made. 
Accordingly, the notices issued to the opposite parties are discharged. The contempt application is consigned to record. 

(Manoj Kumar Gupta, J) 
Order Date :- 6.9.2018 
SL



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