UPTET SARKARI NAUKRI News -
Supreme Court Order On & 72825 Teacher Recruitment in UP
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Note - Order Copied from Social media, And Will check tomorroe on Supreme Court Website
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High Lights >>>
That some of the candidates were repeatedly
offered appointment letters from different
districts on the account of their participation
in counseling in such district but it is
clarified that here that they have been permitted
to join their post only once.
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Ek Se Jyada Jagh Candidates ne Counseling Karayee Ho, Lekin Unko joining ek hee baar Dee Jayegee
***************
83983 appointment letters were issued,
however, the joining has been taken only by 43651
candidates. The process of filling up the
remaining 29174 vacancies is also on."
*************
Cutoff Tabhee Girayee jayegee Jab Candidates uplabdh Nahin Hon >>>
if the candidates
belonging to Scheduled Castes/Scheduled Tribes/Other Backward
Classes who have secured 65% of the marks are available, the
candidates who have secured 60% of the marks cannot be llowed to
compete with them.
ITEM NO.301 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4347-4375/2014
STATE OF U.P & ORS Appellant(s)
VERSUS
SHIV KUMAR PATHAK & ORS Respondent(s)
WITH
SLP(C) No. 62/2014
(With Interim Relief and Office Report)
SLP(C) No. 1672/2014
(With Interim Relief and Office Report)
SLP(C) No. 1674/2014
(With Office Report)
C.A. No. 4376/2014
(With appln.(s) for directions and Interim Relief and Office
Report)
S.L.P.(C)...CC No. 10408/2014
(With Office Report)
SLP(C) No. 11671/2014
(With Office Report)
SLP(C) No. 11673/2014
(With Office Report)
W.P.(C) No. 89/2015
(With appln.(s) for exemption from filing O.T. and Office Report)
Date : 25/02/2015 These appeals were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Appellant(s) Mr. R. Venkataramani, Sr. Adv.
Mr. Satya Mitra Garg, AOR
Mrs. Manju Aggarwal Singh, Adv.
Mrs. Neelam Singh, Adv.
Mr. Rakesh Dwivedi, Sr. Adv.
Signature Not Verified
Mr. Garvesh Kabra, AOR
Digitally signed by
Ms. Preetika Dwivedi, AOR
Gulshan Kumar Arora
Date: 2015.03.10
16:42:37 IST
Reason:
Shri B.P. Singh, Dhankray, Adv.
Mr. Shakti Singh, Dhakray, Adv.
Dr. Kailash Chand, AOR
2
CC No.10408/14 Mr. Siddhartha Dave, Adv.
Mr. R.K. Singh, Adv.
Mr. Kumar Gaurav, Adv.
Mr. B.N. Dubey, Adv.
Mr. S. Sajith P., Adv.
For Respondent(s) Mr. Ranjit Kumar, S.G.
Mr. Amit Pawan, AOR
Mr. Abhishek Amritanshu, Adv.
Mr. Suryodaya Tiwari, Adv.
Mr. Brijender Chabar, Sr. Adv.
Mr. Prashant Shukla, Adv.
Ms. Abha R. Sharma, AOR
Mr. Vivek Singh, AOR
Mr. Gaurav Yadava, Adv.
Abhishek Srivastava, Adv.
Mr. Rajeev Srivastava, Adv.
Mr. Vikrant Singh Bias, Adv.
Mr. Rohit Singh, AOR
Mrs. K. Sarada Devi, AOR
For NCTE Mr. Gaurav Sharma, Adv.
` Mr. Prateek Bhatia, Adv.
Mr. Prateek Mishra, Adv.
Ms. Amandeep Kaur, Adv.
Dr. Monika Gusain, AOR
Mr. Hari Om Yaduvandhi, Adv.
Mr. Sanjay Kumar Tyagi, Adv.
Mr. Alok Gupta, Adv.
CA 4347-4375/14 Mr. Gopal Singh, AOR
Mr. M. P. Jha, AOR
Mr. P.N. Ramalingam, Adv.
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. Ashish Singh, Adv.
Rameshwar Prasad Goyal, AOR
Mr. Vishwa Pal Singh, AOR
3
SLP 62/14 Mr. M. R. Shamshad, AOR
Mr. Vivek Vishnoi, Adv.
Mr. Upendra Mishra, Adv.
Mr. Arvind Srivastava, Adv.
Mr. Anupam Mishra, Adv.
Mr. Shreepal Singh, Adv.
Mr. V.D. Mishra, Adv.
Ms. Rachana Srivastava, Adv.
Mr. Utkarsh Sharma, Adv.
Mr. Ashok Kumar Parija, Sr. Adv.
Mr. Nishit Agrawal, Adv.
Mr. Talha A. Rehman, Adv.
Mr. Tarun Patnaik, Adv.
Mr. Vipin Kumar Jai, Adv.
Mr. Jayant Mehta, Adv.
Mr. Susheel Tomar, Adv.
Ms. Abha R. Sharma, Adv.
Mr. Prashant Shukla, Adv.
Mr. Ashok Kumar, Adv.
Mr. Manish Shanker, Adv.
Ms. Minakshi Vij, Adv.
Mr. R.P. Bhatt, Sr. Adv.
Mr. Dinesh Kumar Tiwary, Adv.
Mr. Chandan Kumar, Adv.
Mr. Shailendra Kumar Mishra, Adv.
Mr. Varinder Kumar Sharma, Adv.
Mr. Yugal Kishor Prasad, Adv.
Mr. Ajay Jain, Adv.
Mr. Jinendra Jain, Adv.
Mr. R.P. Kaushal, Adv.
Mr. Ravi Shankar Garg, Adv.
Mr. Abhishek Jain, Adv.
Mr. B.N. Gaur, Adv.
Mr. Syed A. Akhtar, Adv.
Mr. B.P. Singh, Adv.
Mr. Satyaveer Singh, Adv.
Mr. Divesh Pratap Singh, Adv.
Mr. Sodhansu P., Adv.
4
Mr. Alok Dhir, Adv.
Mr. Approve Karol, Adv.
Mr. Vaibhav Tyagi, Adv.
Mr. Rahul Pratap, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court, on 17.12.2014, after hearing the learned counsel
for the parties, apart from other directions, had issued the
following direction :
"... After length has not hearing the on
various CA 4347-4375/14 occasions, we are
inclined to modify the order passed on 25th
March, 2014, and direct that the State Government
shall appoint the candidates, whose names have
not been weeded out in the malpractice and
who have obtained/ secured seventy percent
marks in the Teacher Eligibility Test (TET).
candidates belonging to Scheduled The
Caste/Scheduled Tribe/Other Backward Classes and
the physically handicapped persons, shall be
appointed if they have obtained/secured
sixty-five percent marks. If there is any policy
of the State Government covering any other
category for the purpose of reservation, it may
be given effect to with the same percentage. It
shall be mentioned in the appointment letter
that their appointment shall be subject to the
result of these appeals and they shall not claim
any equity because of the appointment, for it
is issued direction passed by this Court. on
the basis of the The letters of appointment
shall be issued within a period of six weeks."
Mr. Venkataramani, learned senior counsel appearing for the
State of Uttar Pradesh, has filed an affidavit sworn by the Joint
Secretary, Basic Shiksha Parishad, Allahabad indicating, thus :
"3. That in view of the said order dated
25.03.2014 passed by this Hon'ble Court, the
State Government vide its order dated 27.06.2014
and 1.7.2014 decided to make the selection and
appointment against 72,825 post of trainee
teachers in parishadiya primary schools initiated
in the year 2011; and accordingly the counseling
have been done in following manner :
(i) Ist counseling 29.08.2014 to 31.08.2014
5
(ii) IInd Counseling 22.09.2014 to 30.09.2014
(iii) IIIrd counseling 05.11.2014 to 13.11.2014
(iv) Ivth counseling 09.01.2015 to 14.01.2015
4. That pursuant to order dated 17.12.2014 of
this Hon'ble Court only the candidates who have
secured 70% (105 marks) amongst general category
and 65% (97.5 marks) amongst the reserved
category have been permitted to participate in
the said counseling.
5. That amongst the candidates who ave been
permitted to participate in the counseling during
the period of aforementioned schedule have also
been offered the appointment letters and they
have also joined post in their institutions.
6.
That some of the candidates were repeatedly
offered appointment letters from different
districts on the account of their participation
in counseling in such district but it is
clarified that here that they have been permitted
to join their post only once. Accordingly
although
83983 appointment letters were issued,
however, the joining has been taken only by 43651
candidates. The process of filling up the
remaining 29174 vacancies is also on."
Relying on the said affidavit, it is put forth by Mr.
Venkataramani, learned senior counsel, that the State may be
granted four weeks time to issue public notice to the candidates
to join in the vacancies failing which the Court may issue
appropriate directions.
At this juncture, Mr. V.K. Sinha, learned senior counsel, Mr.
V.K. Sharma, Mr. Ajay Jain, Mr. Jayant Mehta, Mr. Arvind
Shrivastava, Mrs. Rachana Shrivastava, Mr. Abhishek Shrivastava,
learned counsel, submitted that this Court may ask the State
Government to file an affidavit about the number of vacancies
still available. Mr. Venkataramani, learned senior counsel,
submitted that an affidavit to that extent will be filed by the
next date.
At this juncture, we may note with profit that we have fixed
the percentage for persons belonging to Schedule Castes/Schedule
Tribes/Other Backward Classes at 65%. It is urged by Mr. Sharma
and learned counsel whose names appear hereinabove, that the
persons who have obtained 60% marks should also be considered. As
6
we find,
as of today, 29174 vacancies are available to be filled
up. If the persons belonging to Scheduled Casts/Scheduled
Tribes/Other Backward Classes have secured 65% marks and their
number meets the requirement, the vacancies meant for their quota,
shall be filled up by taking into consideration the said
percentage. If the candidates of that percentage are not
available, the State shall offer appointments to the candidates
who have secured 60% of the marks. Be it
noted, if the candidates
belonging to Scheduled Castes/Scheduled Tribes/Other Backward
Classes who have secured 65% of the marks are available, the
candidates who have secured 60% of the marks cannot be llowed to
compete with them.
The State Government is directed to issue the public notice
within four weeks from today requiring the selected candidates in
respect of 29174 vacancies to join and if any candidate fails to
join within the stipulated period provided in the public notice,
he will forefeit his right of appointment in this selection. To
clarify, we may add that the public notice shall be published in
widely circulated newspapers and the candidates shall be given
three weeks time to join failing which the conditions prescribed
hereinabove shall follow.
At this juncture, we have been apprised by the learned
counsel for the respondents that some candidates who have applied
in more than one districts and secured the requisite marks which
have been fixed by this Court on the previous occasion, have
joined in two posts, though not working. The competent authority
of the State Government shall verify the same and restrict the
appointment to one place and count the said vacancies and fill up
the same by following the critaria fixed by us.
We will be failing in our duty if we do not take note of the
submission which has been advanced before us that though certain
posts are reserved in the category of horizontal quota, no steps
have been taken to fill up the said. Regard being had to
provisions contained in the Persons With Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act,
1995 and the Rules in vogue in the State of Uttar Pradesh, we
direct that the posts in those categories shall be filled up as
per the Rules relating to relaxation in respect of the said
category. That apart, if any quota and relaxation are available
for any other horizontal category, that may also be applied.
Let the matter be listed on 22.04.2015. It is hereby made
clear that it shall be finally heard on that day and no
adjournment shall be granted to any counsel.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
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