UPTET SARKARI NAUKRI News 3RD COUNSELUNG TAK SELECT LOGO(SIRF YACHEE) KO NIYUKTI PATR JAAREE KARNE KA DIYA COURT NE AADESH -
COURT NE NIYUKTI PAA CHUKE LOGO PAR IS AADESH KA KOEE PRBHAV NA HONE KA AADESH BHEE DIYA HAI -
It is made clear that the
candidates to whom appointment letter have already been issued, will not
be affected by this interim order.
3RD COUNSELING TAK SELECT LOGO KAA AADESH SIRF PETITIONER / YACHEEE KE LIYE AAYAA HAI.
LEKIN
AISE AADESH KI COPY LENE KE LIYE TAMMAAM LOG WRIT FILE KARNE JAA RAHE
HAIN, PEHLE VE SOCH RAHE THE KEE AADESH SAB KE LIYE HAI
SEE COURT ORDER :-
Court No. - 4
Case :- WRIT - A No. - 5001 of 2015
Petitioner :- Vivek Kumar Upadhayay And 29 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Abhisekh Srivastava
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The
petitioners have appeared in the first, second and third round of
counseling held for appointment to the post of Assistant Teachers in
Junior Basic Schools run by Basic Shikha Parishad, against 72,825
vacancies advertised in the State of U.P. vide advertisement dated
30.11.2011. The petitioners are waiting for their appointment letters.
However, it appears that on account of an interim order passed by the
Apex Court in Civil Appeal No. 4347-4375 of 2015 (State of U.P. &
Others Versus Shiv Kumar Pathak), fourth round of counseling was held
from 9.1.2015 to 14.1.2015. The candidates who have been left out in the
first, second and third round of counseling and have obtained 70% marks
in general category and 65% marks in reserved category, were allowed to
appear in the fourth round of counseling.
Submission of the
petitioners is that the candidates who have obtained higher marks than
that of the petitioners had appeared in the fourth round of counseling.
In the meeting held in the office of the Director, U.P. Technical
Education State Council of Educational Research and Training, U.P.,
Lucknow with the Principals of various DIETs and the District Basic
Education Officers of different districts, it was resolved on 6.1.2015
and 7.1.2015 that the candidates who had appeared in the first, second
and third round of counseling and whose names appear in the select list
on the basis of those counseling, will be issued appointment letter with
effect from 19.1.2015. It was also resolved that the fourth round of
counseling will be held against the vacant seats from amongst the
candidates having requisite percentage i.e. (70%� general category and
65% reserved category). They will be allowed to participate in the
fourth round of counseling in the districts where they had applied,
irrespective of the fact as to whether they had appeared in the first,
second and third round of counseling. It is further observed that those
candidates who had appeared in first, second and third round of
counseling in certain districts, will also be allowed to appear in the
fourth round of counseling in districts in which they had applied but
could not appear in the earlier� three counselings for one or other
reason. The process will be started on the basis of the select list
prepared after last and final round of counseling wherein it was held
from 9.1.2015 to 14.1.2015 to issue appointment letters from 19.1.2015
onwards. The petitioners submit that they had appeared in the first,
second and third round of counseling, however, pursuant to the fourth
counseling, appointment letters are not being issued to them on the
ground that they are having lesser marks than the candidates who had
appeared in the fourth round of counseling, though the petitioners are
having requisite 70% and 65% marks as per the directions of the Apex
Court dated 17.12.2014 in Civil Appeal No. 4347/4375 of 2014.
Sri
A.K. Yadav, learned counsel appearing for respondent no. 4 submits that
as per the instructions dated 3.2.2015, the appointment letter cannot be
issued to the candidates who are having lesser marks than the
candidates appeared in the fourth round of counseling, in view of the
directions of the Apex Court wherein the candidates having 70% and 65%
marks have been allowed to participate in the fourth round of counseling
as they have been wrongly left out.
Written instructions dated
3.2.2015 received by the Chief Standing Counsel, High Court, Allahabad
supplied by Sri A.K. Yadav, learned Standing Counsel for respondent no. 4
are taken on record.
A perusal of the communication dated
3.2.2015 indicates that respondent no. 2, the Director, State Council of
Educational Research and Training, U.P., Lucknow is of the opinion that
no rights have accrued to those candidates for appointment who had
appeared in the first, second and third counseling as fourth round of
counseling was held pursuant to the direction of the Apex Court. The
said assertion of respondent no. 2 appears to be incorrect.
In
view of the position that the petitioners have appeared in the first,
second and third counseling and possess 70% in general category and 65%
in reserved category, the petitioners have a prima facie right to be
appointed against the post of Assistant Teacher in the districts in
which they have applied and appeared in counseling as per their merit. A
case for grant of interim mandamus is made out by the learned counsel
for the petitioner.
Learned Standing counsel and Sri A.K. Yadav,
learnel Counsel for respondent no. 4 pray for and are allowed three
weeks time to file counter affidavit.
One week, thereafter, for filing rejoinder affidavit.
List this matter on 13.3.2015.
In
the meantime, appointment letter be issued to the petitioner by the
respective DIETs after verification of their eligibility and after
ascertaining the fact of appearance in the counseling as per their
merit.. It goes without saying that the appointment of the
petitioners shall be subject matter of the result of this writ petition�
and Civil Appeal No. 4347/4375 of 2014 (State of U.P. & others
versus Shiv Kumar Pathak) pending before the Apex Court..
It
is made clear that the candidates to whom appointment letter have
already been issued, will not be affected by this interim order.
Order Date :- 10.2.2015/B.K.
SEE ORDER ON OFFICIAL WEBSITE :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3877709
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