UPTET SARKARI NAUKRI News - SUPREME COURT ORDER DATED 27 JULY-
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SHIKSHA MITRON KE VAKEEL VENU GOPAL, AMIT SIBBAL NE KAHA KI KUCH NCTE NIYAMO KE MUTABIK SHIKSHA MITRON KO TET PASS NA KARNE KI CHOOT MILEE HUEE HAI,
IS PAR HIMANSHU RANA KI VAKEEL ANAND NANDAN NE KAHA KI INKO KOEE CHOOT NAHIN MILEE HUEE HAI.
SUPREME COURT NE KAHA HAI KI HAME BADEE HERANEE HUEE KI LAMBE SAMAY SE SHIKSHA MITRON KA MAAMLA ALLAGABAD HC MEIN PENFING HAI,
SUPREME COURT NE CHIEF JUSTICE KO BENCH GATHIT KAR 2 MAHINE MEIN SHIKSHA MITRON KE CASE DECIDE KARNE KO KAHA, SAATH HEE KAHA KI HAMNE STAY BAKRAR RAKHA HAI.
HIGH COURT KE NIRNAY KE BAAD 2 NOVEMBER KO YE CASE SUPREME MEIN SUNA JAAYEGAA.
72825 TEACHER MAAMLE MEIN, RESERVED CAT KO PEHLE 65% TET MARKS SE POORE RAJYA MEIN BHARNA PADEGAA,
USKE BAAD 60 AUR 65 % KE VALON KO CHANCE MIL SAKEGAA.
ISKE LIYE UP SARKAR KO NOTICE JAAREE KARNE KO KAHA GAYA HAI.
EK SE JYADA JILON MEIN SELECT HONE VAALON KE LIYE KISEE EK JILE MEIN HEE NIYUKTI KARNE KA AADESH HAI
NOTE - MOLIK NIYUKTI KA KOEE MAAMLA COURT MEIN NAHIN UTHAA.
LRKIN AB LOG SV ORDER KE BAAD PAR UTARNE KI BAAT KEH RAHE HAIN.
BHAI YE MAMLA COURT MEIN KYUN NAHIN UTHAYA
UPON hearing the counsel the Court
made the following
O R D E R
This Court on 6th July, 2015, in I.A.
Nos.2 & 3 in
Writ Petition (C) No.167 of 2015, had
passed the following
order:
“Hearing resumed.
Let the matter be listed for further
hearing at 2.00 p.m. on 27.07.2015.
CA 4347-75/14
6
Mr. Venkataramani, learned senior
counsel for the State shall file a
convenience volume. He shall also
file the
Rules that is in vogue in other
States. We
have given the direction for
production of
the Rules solely for the purpose of
perusal.
I.A. NOS.2 & 3 IN WRIT PETITION
(CIVIL)
NO.167 OF 2015
Mr. Anand Nandan, learned counsel
for
the applicant, has submitted that
Shiksha
Mitras who have not passed the
Teachers
Eligibility Test (TET) have been
appointed as
teachers in schools contrary to the
guidelines issued by the NCTE and
also
contrary to the Rules framed by the
State.
He has drawn our attention to the
letter
No.2253/79-5-2014-282/98 dated
19th June, 2014
issued by the Secretary, Basic
Education,
Government of U.P. On a scrutiny of
the
same, we find that there is no
mention of
passing of the eligibility test.
However,
there is a direction for appointment
of
Shiksha Mitras in the post of
Assistant
Teachers in schools being run by the
U.P.
Basic Education Council.
The learned counsel for the State
shall
file an affidavit in respect of the said
letter within ten days hence. The
affidavit
shall contain the details as to how
many
Shiksha Mitras have been appointed
without
passing the TET.
The Secretary and the Special
Secretary
of the Basic Education, Government
of UP
shallremain personally present at
2.00 p.m.
on 27.07.2015 failing which, they will
be
liable for contempt of this Court.
Needless
to emphasise, the State Government
shall not
appoint any Shiksha Mitras, who
have not
qualified in the TET on the post of
the
Assistant Teacher.
Dasti order permitted.”
CA 4347-75/14
7
It is submitted by Mr. K.K.
Venugopal, learned
senior counsel appearing for the
Association of Shiksha
Mitras that there is no requirement
on their part to appear
in the entrance examination, as per
the rules framed by the
N.C.T.E. Mr. Amit Sibal, learned
senior counsel, would
contend that N.C.T.E. rules and
certain amendments exempt the
Shiksha Mitras from appearing in the
examination.
The aforesaid submissions have been
countered by
Mr. Anand Nandan, learned counsel
appearing for the
applicants in the interlocutory
applications and other
counsel appearing for the persons
who have qualified in the
Teachers Eligibility Test (TET).
At this juncture, we have been
apprised at the Bar
that number of cases are pending in
the High Court of
Allahabad pertaining to the
appointment of Shiksha Mitras.
We have also been apprised that
some writ petitions are
pending at Allahabad and some are
pending at Lucknow Bench of
the High Court.
Regard being had to the aforesaid
submission, we
think it appropriate that all the
matters pending before the
High Court relating to Shiksha Mitras
shall be heard by a
Full Bench at Allahabad. We would
request the Chief Justice
of the High Court of Allahabad to
constitute a Bench and
preside over the Bench. The writ
petitions which are pending
before the Lucknow Bench of the
High Court shall be
transferred to Allahabad so that
there can be singular
judgment. We would request the
Chief Justice to dispose of
all the writ petitions after
transferring them, within two
months.
The interim order passed by us on
6th July, 2015,
shall remain in force for a further
period of ten weeks.
CA 4347-75/14
8
Be it clarified, whatever we have
said by our
interim order should not be placed
reliance upon by any of
the sides before the High Court as
that was really an interim
order and we have not expressed
any opinion on the issue.
Needless to say, after the judgment
is rendered by the High
Court, the aggrieved parties are at
liberty to challenge the
same, as advised in law. By virtue of
this order, all the
interlocutory applications relating to
Shiksha Mitras stand
disposed of.
Presently, we shall proceed to deal
with our initial
order passed on 25th February, 2015,
in connection with the
appointments. It reads as under:
“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
CA 4347-75/14
9
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
(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
CA 4347-75/14
10
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
CA 4347-75/14
11
considered. As 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
CA 4347-75/14
12
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.”
It is submitted by Mr. Prashant
Bhushan, learned
counsel appearing for the petitioners
in Writ Petition (C)
No.89 of 2015, that persons who
were declared failed in the
entrance examination, after the
order passed, for some
unfathomable reason, have been
declared to have passed and
some of them have been allowed to
be appointed. Mr. Prashant
Bhushan, learned counsel,
undertakes to file the additional
affidavit containing the particulars
relating to the
aforesaid aspect.
Mr. H.L. Gupta, Secretary, Basic
Education, Uttar
Pradesh, who is present in Court
today, shall file a reply
duly supported by personal affidavit
to the said assertions
and also to the additional affidavit
to be filed by
Mr. Bhushan, within four weeks from
today.
Let the matter be listed on 2nd
November, 2015 at
2.00 p.m.
The Secretary and the Special
Secretary, Basic
Education, Uttar Pradesh, shall
remain personally present on
the next date of hearing.
CA 4347-75/14
13
At this juncture, we may note that
Mr. R.
Venkataramani, learned senior
counsel, who has been appearing
since beginning in this matter for
the State of U.P., has
submitted that some other counsel
will be appearing for the
State in the case. Be that as it may,
we request Mr. R.
Venkataramani, learned senior
counsel, to assist the Court in
the matter.
(Chetan Kumar)
Court Master
(Tapan Kumar Chakraborty)
Court Master
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