UPTET SARKARI NAUKRI News - Petitioner not completed 21 years age, Disqualified -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- SERVICE SINGLE No. - 1026 of 2015
Petitioner :- Prashant Kumar And Another
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Surendra Kumar Tiwari,Ram Deo Tripathi
Counsel for Respondent :- C.S.C.,Jyoti Sikka
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioners, learned Standing Counsel for opposite parties no. 1,3 and 5, Ms. Jyoti Sikka, learned counsel for opposite parties 2 and 4 and perused the record.
Learned counsel for the petitioners submits that the controversy involved in the present writ petition is squarely covered� by the order dated 25.2.2015 passed by this Court in Writ Petition No. 262(SS) of 2015 ( Balram Singh and another Vs. State of U.P. and others) which on reproduction reads as under:-
"Heard learned counsel for the parties.
Petitioners have applied for appointment on the post of Assistant Teacher (Basic) pursuant to the advertisement dated 09.12.2014. Petitioners' applications have been accepted online but the same have not been processed on the ground that they have not completed 21 years of age as on 01.07.2014.
Rule 6 of the Uttar Pradesh Basic Shikdha Teachers Seva Niyamawali, 1981 as amended in 2014 provides that a candidate must be minimum of 21 years of age on 1st July of 'Anuvarti Varsh' i.e. the following year.
In the case of the petitioners, they all would be completing 21 years of age on 1st July 2015 which happens to be the year following the year of recruitment or in which the advertisement was issued. The petitioners' case as such prima-facie appears to be eligible.
Learned counsel appearing for Basic Shiksha Adhikari who has obtained instructions in the matter submits that the department has already written to the Government for deleting the word 'Anuvarti' from the aforesaid Rules which itself indicates that the rule as existing today permits a candidate completing 21 years of age as on 01.07.2015 to apply for the post of Assistant Teacher.
Learned Standing Counsel and learned counsel for B.S.A. prays for and are allowed a month's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List the petition for admission/ final disposal after six weeks.
In the meantime, respondents are directed to process the applications of the petitioners submitted online for appointment on the post of Assistant Teacher (Basic) provisionally and not ignore them only for the reason that the petitioners are under age."
Accordingly, learned counsel for the petitioners further prays that the same benefit may be given to the present petitioners also.
Learned counsel for the respondents have no objection to the above said prayer.
For the foregoing reasons, as an interim measure, it is provided that in the meantime, respondents are directed to process the applications of the petitioners submitted online for appointment on the post of Assistant Teacher (Basic) provisionally and not ignore them only for the reason that the petitioners are under age.
List and connect with Writ Petition No. 262(SS) of 2015 ( Balram Singh and another Vs. State of U.P. and others).
Learned counsel for respondents prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks.
List thereafter.
Order Date :- 20.3.2015
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- SERVICE SINGLE No. - 1026 of 2015
Petitioner :- Prashant Kumar And Another
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Surendra Kumar Tiwari,Ram Deo Tripathi
Counsel for Respondent :- C.S.C.,Jyoti Sikka
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioners, learned Standing Counsel for opposite parties no. 1,3 and 5, Ms. Jyoti Sikka, learned counsel for opposite parties 2 and 4 and perused the record.
Learned counsel for the petitioners submits that the controversy involved in the present writ petition is squarely covered� by the order dated 25.2.2015 passed by this Court in Writ Petition No. 262(SS) of 2015 ( Balram Singh and another Vs. State of U.P. and others) which on reproduction reads as under:-
"Heard learned counsel for the parties.
Petitioners have applied for appointment on the post of Assistant Teacher (Basic) pursuant to the advertisement dated 09.12.2014. Petitioners' applications have been accepted online but the same have not been processed on the ground that they have not completed 21 years of age as on 01.07.2014.
Rule 6 of the Uttar Pradesh Basic Shikdha Teachers Seva Niyamawali, 1981 as amended in 2014 provides that a candidate must be minimum of 21 years of age on 1st July of 'Anuvarti Varsh' i.e. the following year.
In the case of the petitioners, they all would be completing 21 years of age on 1st July 2015 which happens to be the year following the year of recruitment or in which the advertisement was issued. The petitioners' case as such prima-facie appears to be eligible.
Learned counsel appearing for Basic Shiksha Adhikari who has obtained instructions in the matter submits that the department has already written to the Government for deleting the word 'Anuvarti' from the aforesaid Rules which itself indicates that the rule as existing today permits a candidate completing 21 years of age as on 01.07.2015 to apply for the post of Assistant Teacher.
Learned Standing Counsel and learned counsel for B.S.A. prays for and are allowed a month's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List the petition for admission/ final disposal after six weeks.
In the meantime, respondents are directed to process the applications of the petitioners submitted online for appointment on the post of Assistant Teacher (Basic) provisionally and not ignore them only for the reason that the petitioners are under age."
Accordingly, learned counsel for the petitioners further prays that the same benefit may be given to the present petitioners also.
Learned counsel for the respondents have no objection to the above said prayer.
For the foregoing reasons, as an interim measure, it is provided that in the meantime, respondents are directed to process the applications of the petitioners submitted online for appointment on the post of Assistant Teacher (Basic) provisionally and not ignore them only for the reason that the petitioners are under age.
List and connect with Writ Petition No. 262(SS) of 2015 ( Balram Singh and another Vs. State of U.P. and others).
Learned counsel for respondents prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks.
List thereafter.
Order Date :- 20.3.2015
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
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 / 4th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A
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
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