Sarkari Naukri Recruitment Result टीईटी शिक्षक भर्ती TET UPTET BETET Merit/Counselling/Appointment

Wednesday, August 19, 2015

UPTET SARKARI NAUKRI News - JRT ORDER PART 6 -

UPTET SARKARI NAUKRI News - JRT ORDER PART 6 -

24. Since entire argument is confined now with respect to the manner in which list of candidates, who have applied, pursuant to an advertisement for appointment to the post of Assistant Teacher, Sr.P.S., and, Head Master, Jr.P.S. has to be prepared, scope of scrutiny by this Court is quite narrowed down. I would prefer simultaneously to quote Rules 14 (2) and (3) as they stood before Fifteenth Amendment Rules, 2012, substituted by Fifteenth Amendment Rules, 2012 and further substituted by Sixteenth Amendment Rules, 2012, which read as under:
Rules 14 (2) and (3) as they stood before Fifteenth Amendment Rules, 2012
Rules 14 (2) and (3) substituted by Fifteenth Amendment Rules, 2012
Rules 14 (2) and (3) substituted by Sixteenth Amendment Rules, 2012
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment.
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment.
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement under clause (a) or (b) of sub-rule (1) of rule 14 and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment.
(3) The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that their names shall be placed in descending order on the basis of the marks obtained in Teacher Eligibility Test conducted by the Government of Uttar Pradesh.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher.
(3) The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix. In the said rules the following appendix shall be inserted at the end.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher.
(3)(a) The names of candidates in the list prepared under sub-rule (2) in accordance with clause (a) of sub-rule (1) of rule 14 shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix-I.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher
(b) The names of candidates in the list prepared under sub-rule (2) in accordance with clause (b) of sub-rule (1) of rule 14 shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix-II.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher
(emphasis added to show changes made)
25. Prior to Fifteenth Amendment Rules, 2012, Rule 14 (2) and (3) required preparation of list by appointing authority of such persons as appear to possess prescribed academic qualifications and eligible for appointment, in descending order on the basis of marks obtained in TET, conducted by Government of U.P. Where two or more candidates have obtained equal marks, the candidate senior in age was to be placed higher.
26. Fifteenth Amendment Rules, 2012 changed the criteria for preparation of list. It than provided that names shall be arranged in order of quality point marks prescribed in Appendix. The Appendix was inserted at the end of Rules. The said Appendix provided quality point marks based on High School, Intermediate and Graduation decree as also training including theory and practical. There is no description of TET for the purpose of determining quality point marks in the Appendix.
27. Sixteenth Amendment Rules, 2012 though maintained the same criteria, but has divided recruitment in clauses 14 (1)(a) and (1)(b).The criteria for preparation of list in respect of vacancies under Rule 14 (1) (a) has been given in Rule 14 (3)(a) and Appendix-1 under Sixteenth Amendment Rules, 2012. The vacancies determined under Rule 14(1)(b) have to be arranged as per the criteria provided in Rule 14(3)(b) read with Appendix-II.
28. The difference is that for Appendix-II, since eligible candidate also possess qualification of B.Ed./B.Ed.(Special Education)/D.Ed. (Special Education), therefore, for the purpose of quality point marks, the said qualifications have been added in Appendix-II, otherwise, in substance, there is no difference in Appendix-I and II.
29. Interestingly, Sixteenth Amendment Rules, 2012 contains no Appendix-I. Instead, it refers to existing Appendix in Rules, 1981 as Appendix-I and inserted a new Appendix as Appendix-II. It is admitted by learned Standing Counsel that under Rule 14(3)(a) of Sixteenth Amendment Rules, 2012, what is talked of Appendix-I is nothing but the Appendix which was inserted vide Rule 14(3) of Fifteenth Amendment Rules, 2012. Thus it is not in dispute that what is talked of Appendix-I in Rule 14(3)(a) of Sixteen Amendment Rules, 2012 is the same as is referred and inserted vide Rule 14(3) of Fifteenth Amendment Rules, 2012.

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UPTET SARKARI NAUKRI News - JRT ORDER PART 5 -

UPTET SARKARI NAUKRI   News - JRT ORDER PART 5 -

16. Appendix-II, as inserted by Sixteenth Amendment Rules, 2012, would apply to the vacancies which are notified to be filled in by candidates, possessing qualifications mentioned in Rule 14 (1) (b), as inserted by Sixteenth Amendment Rules, 2012, but if vacancies are notified with reference to Rule 14 (1) (a) read with Sub-Rule 2 of Rule 14, then list has to be prepared as per Rule 14 (3) (a) read with Appendix-I which means the Appendix as inserted by Fifteenth Amendment Rules, 2012.
17. By Government Order (hereinafter referred to as "G.O.") dated 11.7.2013, State Government determined 29334 vacancies of Assistant Teachers, i.e., 14667 Assistant Teachers (Maths) and 14667 Assistant Teachers (Science) in Sr.P.S. to be filled in under 50 per cent direct recruitment quota, in accordance with Rules, 1981, as amended from time to time. The eligibility qualifications mentioned in para 2 (1) of the G.O. 11.7.2013 read as under:
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¼d½& 'kSf{kd vgZrk& mPp izkFkfed fo|ky;ksa esa xf.kr @ foKku fo"k; ds lgk;d v/;kid in ij fu;qfDr gsrq ,sls vH;FkhZ ik= gksaxs tks Hkkjr esa fof/k }kjk LFkkfir fo'ofo|ky; ls ch0,l0lh0 dh mikf/k ,oa nks o"khZ; ch0Vh0lh0] fof'k"V ch0Vh0lh0 ,oa ,u0lh0Vh0bZ0 }kjk ekU;rk izkIr laLFkkvksa ls f'k{kk Lukrd ¼ch0,M0½] ;k ch0,M0 ¼fo'ks"k f'k{kk½ Hkkjrh; iquokZl ifj"kn ¼vkj0lh0vkbZ0½ }kjk ekU;rk izkIr ikB~;dze mRrh.kZ gksaA lkFk gh mRrj izns'k vFkok Hkkjr ljdkj }kjk d{kk 6&8 gsrq vk;ksftr v/;kid ik=rk ijh{kk lQyrkiwoZd mRrh.kZ fd;s gksaA
¼[k½& vk;q& mPp izkFkfed fo|ky; esa lgk;d v/;kid ds in ij lh/kh HkrhZ ds fy, vH;FkhZ dh vk;q 01 tqykbZ] 2013 dks U;wure 21 o"kZ gksuh pkfg, vkSj vf/kdre 35 o"kZ ls vf/kd ugha gksuh pkfg,A
ijUrq vuqlwfpr tkfr@ vuqlwfpr tutkfr @ vU; fiNM+k oxZ ds vH;fFkZ;ksa ds ekeyksa esa mPprj vk;q lhek 05 o"kZ vf/kd gksxhA
ijUrq ,sls vH;FkhZ tks HkwriwoZ lSfud gSa muds fy, vk;q dh mPprj lhek esa NwV ^^;fn lsuk ds fdlh HkwriwoZ lSfud }kjk lsuk esa dh x;h lsok dh lEiw.kZ vof/k mldh okLrfod vk;q esa ls ?kVk nh tkrh gS] vkSj ;fn bl izdkj ?kVk;h x;h vk;q fu/kkZfjr vf/kdre vk;q lhek ls 03 o"kZ ls vf/kd u gks rks ;g le>k tk;sxk fd og ,slh lsokvksa rFkk inksa ij HkrhZ dh vk;q ls lEcfU/kr 'krksZa dks iwjk djrk gSA^^ ysfdu vH;FkhZ dh okLrfod vf/ko"kZrk vk;q ¼62 o"kZ½ ls vuf/kd gksuh pkfg,A
ijUrq ;g Hkh fd fodykax vH;fFkZ;ksa ds ekeysa esa mPprj vk;q lhek 10 o"kZ vf/kd gksxh fdUrq fdlh Hkh n'kk esa fu;qfDr dh frfFk dks vH;FkhZ dh vk;q 50 o"kZ ls vf/kd ugha gksxhA** (emphasis added)
"1. Eligibility for applying-
(A) Educational qualification - For the appointment on the post of Assistant Teacher of mathematics/science subject in upper primary schools, those candidates shall be eligible who have B.Sc. degree from a university established by law and have passed two-year B.T.C., Special B.T.C., and B.Ed. from institutions recognised by the NCTE (National Council of Teachers' Education) or B.Ed (Special Education) course recognised by the Rehabilitation Council of India (R.C.I.). Simultaneously, the candidate must have successfully qualified in the Teachers' Eligibility Test for classes 6 to 8 organised by the Government of U.P. or Government of India.
(B) Age - For the direct recruitment on the post of Assistant Teacher in Upper Primary Schools, the candidate should be aged at least 21 years and not more than 35 years on July 1, 2013 .
Provided that in case of the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, the upper age limit shall be relaxed by 5 years.
Provided that as for relaxation in upper age limit for such candidates who are ex-servicemen, "if total period of service rendered by any ex-servicemen is subtracted from his real age, and if so subtracted age exceeds the upper age limit by not more than 03 years, then he shall be treated to fulfil the conditions related to the age of recruitment for such services and posts" but it should not exceed the candidate's actual superannuation age (62 years).
Provided that in case of physically handicapped persons, the upper age limit shall be 10 years more, but the age of candidate shall not, in any case, be more than 50 years on the date of appointment"
(English Translation by the Court)
18. From perusal of above, it is clear that candidate possessing qualification of B.Sc. degree and 2 years B.T.C., Special B.T.C. and B.Ed. or B.Ed. (Special Education) from institutions, recognized by National Council for Teachers Education or Bhartiya Punarvas Parishad, would be eligible to appear in the aforesaid selection.
19. Clause 9 of para 2 of G.O. Dated 11.7.2013 provides procedure for selection and reads as under:
^^9& p;u izfdz;k&
d& vH;fFkZ;ksa ds p;u@ fu;qfDr v/;kid lsok fu;ekoyh 1981 ¼v|ru ;Fkk la'kksf/kr½ rFkk p;uksaijkUr v/;kid dh rSukrh v/;kid lsok fu;ekoyh 2008 ¼v|ru ;Fkk la'kksf/kr½ ds vuqlkj fd;k tk;sxkA p;u@ fu;qfDr gsrq ofj"Brk dze dk fu/kkZj.k v/;kid lsok fu;ekoyh ds ifjf'k"V&^d* esa fo|eku izfdz;kuqlkj rS;kj fd;k tk;sxkA
[k& mijksDrkuqlkj p;fur vH;fFkZ;ksa dh lwph ftyk csfld f'k{kk vf/kdkjh }kjk fuxZr dj dkfUlfyax ds ek/;e ls muds 'kSf{kd vfHkys[kksa dh tkWap dj ewy vfHkys[kksa dks tek djk fy;k tk;sxkA lgh ik;s x;s vH;fFkZ;ksa ds 'kSf{kd vfHkys[kksa dk lR;kiu lEcfU/kr laLFkkvksa ls djk;k tk;sxkA
x& ,sls vgZ p;fur vH;fFkZ;ksa dk LokLFk ijh{k.k ftyk csfld f'k{kk vf/kdkjh }kjk esfMdy cksMZ xfBr djkdj djk;k tkuk vfuok;Z gksxkA
?k& vfUre :i ls p;fur vH;fFkZ;ksa dks tuin ds ,sls fo|ky;ksa esa lgk;d v/;kid mPp izkFkfed fo|ky; ds fu/kkZfjr osrueku esa ,d o"kZ ds ifjoh{kk dky ij fu;qDr fd;k tk;sxk tgkWa xf.kr@ foKku ds f'k{kd dk in fjDr gksA**
(emphasis added)
" 9- Selection process -
A - Selection/appointment of the candidates shall be undertaken according to Adhyapak Sewa Niyamawali 1981 (Teachers' Services Rules) (as amended & updated) and posting of the teachers after the selection shall be carried out under the provisions of Adhyapak Sewa Niyamawali 2008 (Teachers' Service Rules) (as amended & updated). For selection/appointment, the order of seniority shall be determined and prepared on the basis of the procedure specified in enclosure -'ka' of Adhyapak Sewa Niyamawali (Teacher's Services Rules) .
B- After getting the list of the candidates selected as above issued through the District Basic Siksha Adhikari and getting their original educational records verified through counselling, the original records shall be caused to be deposited. Educational records of the candidates found correct shall be got verified by the concerned institutions.
C- It shall be mandatory for the District Basic Siksha Adhikari to go for medical tests for such eligible selected candidates by constituting a medical board.
D - Finally selected candidates shall be appointed on one year of probation in the pay-scale fixed for Assistant Teacher, Upper Primary Schools, in those schools of the district where the post for mathematics/science teacher is vacant."
(English Translation by the Court)
20. The grievance of petitioners is that under the Appendix inserted by two Amendment Rules of 2012, no provision giving any weightage in recruitment process, to the scores in TET has been made. TET has been considered only a qualifying examination conferring eligibility for appointment to the post of Assistant Teacher, Sr.P.S. and Head Master, Jr.P.S. but for the purpose of preparation of merit list, no weightage has been given to scores of TET.
21. It is said that a Full Bench of this Court in Shiv Kumar Sharma and others Vs. State of U.P. and others 2013 (6) ADJ 310 held that guidelines formed by NCTE providing weightage to TET have to be followed by State. It is binding. Since no such weightage was given under Fifteenth and Sixteenth Amendment Rules, 2012, the procedure prescribed in Appendix-I is bad. Attention of this Court is also drawn to the judgment dated 20.11.2013 in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra) and other connected appeals, whereby Division Bench of this Court struck down Rule 14 (3) of Fifteenth Amendment Rules, 2012 and consequently set aside G.O. dated 31.8.2012 and the communication dated 31.8.2012.
22. It is submitted that once Rule 14 (3) of Fifteenth Amendment Rules, 2012 has been struck down, it has taken away Appendix also, Sixteenth Amendment Rules, 2012 insofar as it declares the existing appendix as Appendix-1 and inserted Appendix-2 is clearly redundant since it seeks to substitute a provision which is/was not existing in the Statue book, having been declared ultra vires. Rule 14 (3) as inserted by Sixteenth Amendment Rules, 2012 is inoperative and not possible to be implemented at all. In any case, it also suffers from the same vice as held in Shiv Kumar Pathak (Supra).
23. Sri Khare contended that it is in this background of facts this Court has to consider the consequence and effect of striking down of Rule 14 (3) of Fifteenth Amendment Rules, 2012.

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UPTET SARKARI NAUKRI News - JRT ORDER PART 4 -

UPTET SARKARI NAUKRI News - JRT ORDER PART 4 -

12. As regard the procedure for preparing list for appointment to the post of Assistant Teacher, Sr.P.S./ Head Master, Jr.P.S., Rule 14 (3) as stood till Fifteenth Amendment Rules, 2012, provided for arrangement of names in descending order on the basis of marks obtained in TET, conducted by Government of Uttar Pradesh. However, the aforesaid Rule 14 (3) was substituted by Fifteenth Amendment Rules, 2012, as follows:
"(3) The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix. In the said rules the following appendix shall be inserted at the end."
13. At the end of Rules, Appendix was inserted which reads as under:
"APPENDIX
[See rule 14(3)]
Quality points for selection of candidates

Name of Examination/Degree
Quality Points
High School
Percentage of marks
10
Intermediate
Percentage of marks x 2
10
Graduation Degree
Percentage of marks x 4
10
14. Sixteenth Amendment Rules, 2012 sought to substitute Rule 14 in its entirety. The substituted Rule 14 reads as under:
"14(1)(a) Determination of vacancies and preparation of list
In respect of appointment, by direct recruitment to the post of Mistress of Nursery Schools and Assistant Master or Assistant Mistress of Junior Basic Schools under clause (a) of rule 5, the appointing authority shall determine the number of vacancies as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, and other categories under rule 9 and at least two leading daily news papers having adequate circulation in the State as well as in concerned district inviting applications from candidates possessing prescribed training qualification from the district concerned and teacher eligibility test passed, conducted by the Government or by the Government of India.
14(1)(b). The Government may from time to time decide to appoint candidates, who are graduates along with B.Ed./B.Ed.(Special Education)/D.Ed. (Special Education) and who have also passed teacher eligibility test conducted by the Government or by the Government of India, as trainee teachers. These candidates after appointment will have to undergo six months special training programme in elementary education recognised by National Council of Teacher Education (NCTE). The appointing authority shall determine the number of vacancies as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, and other categories under rule 9 and advertisement would be issued in at least two leading daily news papers having adequate circulation in the State as well as in concerned district inviting applications from candidates who are graduates along with B.Ed./B.Ed. (Special Education)/D.Ed. (Special Education) and who have also passed teacher eligibility test conducted by the Government or by the Government of India.
14 (1)(c). The trainee teachers, after obtaining the certificate of successful completion of six months special training in elementary education, shall be appointed as assistant teachers in junior basic schools against substantive post in regular pay-scale. The appointing authority will be duty bound to appoint the trainee teachers as assistant teachers within one month of issue of certificate of successful completion of said training.
(2) The appointing authority shall scrutinize the applications received in pursuant of the advertisement under clause (a) or (b) of sub-rule (1) of Rule 14 and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment.
(3) (a). The names of candidates in the list prepared under sub-rule (2) in accordance with clause (a) of sub-rule (1) of rule 14 shall then be arranged in such manner that the candidates shall be arranged in accordance with the quality points specified in the appendix-I.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher.
(b) The names of candidates in the list prepared under sub-rule (2) in accordance with clause (b) of sub-rule (1) of rule 14 shall then been arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix-II.
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher.
(c) The names of candidates in the list prepared in accordance with clause (c) of sub-rule (1) of rule 14 for appointment as assistant teacher shall be same as the list prepared under clause (b) of sub-rule (3) of rule 14 unless the candidate under the said list is unable to successfully complete the six month special training course in elementary education in his first attempt. If the candidate successfully completes the six month special training in his second and final attempt, the candidate's name shall be placed under the names of all those candidates who have completed the said six months special training in their first attempt.
(4) No person shall be eligible for appointment unless his or her name is included in the list prepared under sub-rule (2).
(5)The list prepared under sub-rule (2) and arranged in accordance with clause (a) or (b) of sub-rule (3) of rule 14 shall be forwarded by the appointing authority to the Selection Committee."
(emphasis added)
15. The existing Appendix which came to be inserted vide Fifteenth Amendment Rules, 2012 was specified as Appendix-I, and, vide newly added Rule 14 (3) (b), another Appendix i.e. Appendix-II was inserted which reads as under:
"APPENDIX-II
[See rule 14(3)(b)]
Quality points for selection of candidates
Name of Examination/Degree
Quality Points
High School
Percentage of marks
10
Intermediate
Percentage of marks x 2
10
Graduation Degree
Percentage of marks x 4
10
Bachelor of Education (B.Ed.)/
B.Ed. (Speciation Education)/
D.Ed. (Special Education)
Percentage of marks x 3
10

UPTET SARKARI NAUKRI News -JRT ORDER PART 2 -

UPTET SARKARI NAUKRI News -JRT ORDER PART 2 -

6. Writ Petition No. 28977 of 2015 (hereinafter referred to as "Third Petition, Group-A") is at the instance of sole petitioner, Bhagwati Prasad, who has simply sought a mandamus commanding respondents to forthwith issue letter of appointment to petitioner, appointing him to the post of Assistant Teacher, Science/Maths in Senior Primary School in District Auraiya on the basis of select list. His brief case is that he is a scheduled caste candidate, possessing qualification of Bachelor in Science and Bachelor of Education and has also passed U.P. Teachers Eligibility Test, 2011 (Upper Primary Level) with 82 marks. Pursuant to Government Order dated 11.07.2013 issued for recruitment of 29334 Assistant Teachers in Senior Primary Schools, he has been selected but his appointment has been deferred due to some litigation pending before this Court, though he is entitled to appointment.
7. Sri R.K. Ojha, learned Senior Advocate, pointed out that in some of these matters, question of validity of Rules is attracted and the cases in which validity of Statute is involved, are within the determination of Bench presided by Hon'ble the Chief Justice, and, therefore, this Court may not have jurisdiction to hear those matters. However, this Court finds that all these cases are cognizable by Single Judge and to this extent there is no dispute between the parties. The cases in which validity of Statute is involved, and cognizable by Division Bench, the same are within the determination of Bench presided by Hon'ble the Chief Justice, but in respect of matters cognizable by Single Judge, I do not find any such determination. Moreover, all these cases have come up before this Court on the nomination made by Hon'ble the Chief Justice and, therefore, in my view, this argument has no substance.
8. Learned counsels for parties proceeded to address the Court on merits in all these matters with request that since huge number of appointments are involved in these cases causing irreparable loss to eligible and selected candidates, therefore, these matters may be decided at an early date. I proceed accordingly.
9. Some facts in brief, as borne out from record of First Petition, necessary for adjudication of dispute are as under.
10. Recruitment to the post of Assistant Teacher in Primary Schools comprising of Junior Primary Schools (hereinafter referred to as "Jr.P.S.") and Senior Primary Schools (hereinafter referred to as "Sr.P.S.") as also for the post of Head Master in Jr.P.S., is governed by U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981"). Recruitment to the posts of Assistant Teacher in Jr.P.S. is open for direct recruitment only. Rest of the cadres, namely, Assistant Teacher in Sr.P.S. and Head Masters in Jr.P.S. and Head Masters in Sr.P.S. were all to be filled in by way of promotion. The Assistant Teachers of Jr.P.S. were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. and Head Master of Jr.P.S. Those who were working in the cadre of Head Master, Jr.P.S. or Assistant Teacher, Sr.P.S. were eligible to be considered for promotion to the post of Head Master, Sr.P.S.
11. Vide Fifteenth Amendment Rules, 2012, issued vide Notification dated 30.8.2012, Rule 5 was substituted providing 50 per cent of posts of Assistant Teachers, Sr.P.S. and Head Master of Jr.P.S. by promotion and 50 per cent by direct recruitment. No change was made in the process of recruitment of Assistant Teachers of Jr.P.S. and Head Masters of Sr.P.S.

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UPTET SARKARI NAUKRI News - JRT ORDER PART 1 -

UPTET SARKARI NAUKRI News - JRT ORDER PART 1 -

Hon'ble Sudhir Agarwal, J.
1. Heard Sri Ashok Khare, and Sri Radha Kant Ojha, learned Senior Advocates, appearing for petitioners, learned Standing Counsel for State-respondents, Sri A.K. Yadav, Advocate, for Basic Shiksha Parishad; and, Sri Anoop Trivedi, Sri Seemant Singh, Sri Abhishek Srivastava and Sri S.K. Mishra, Advocates, who have appeared for interveners /selected candidates, in bunch of these cases.
2. Though all these writ petitions are connected and have been nominated to this Bench by Hon'ble the Chief Justice for adjudication, but having heard learned counsels for parties, I find that these writ petitions need be categorised in five groups, namely, Writ Petitions No. 57476 of 2013, 28003 of 2015 and 28977 of 2015 are placed in 'Group-A'; Writ Petitions No. 58712 of 2013, 62241 of 2013 and 50787 of 2013 are placed in 'Group-B'; Writ Petitions No. 57236 of 2013 and 2999 of 2015 in 'Group-C'; Writ Petition No. 15541 of 2015 in 'Group-D'; and, Writ Petition No. 628 of 2015 in 'Group-E'. In this judgment, I shall deal with these matters groupwise.
Group-A:
3. Writ Petition No. 57476 of 2013 (hereinafter referred to as "First Petition, Group-A") has been filed under Article 226 of the Constitution of India by 12 petitioners seeking a writ of mandamus directing for preparation of merit list for recruitment to the post of Assistant Teachers in Senior Basic School/ Head Master in Junior Basic Schools, not only on the basis of academic qualification, but also by giving weightage to the scores obtained by candidates in 'Teachers Eligibility Test" (hereinafter referred to as "TET").
4. Sri Ashok Khare, learned Senior Advocate, contended that though in the writ petition, as was drafted and filed, the petitioners have challenged Notifications dated 30.08.2012 and 5.12.2012 (Annexures 1 and 3 to the writ petition), i.e., U.P. Basic Education (Teachers) Service (Fifteenth Amendment) Rules, 2012 (hereinafter referred to as "Fifteenth Amendment Rules, 2012") and U.P. Basic Education (Teachers) Service (Sixteenth Amendment) Rules, 2012 (hereinafter referred to as "Sixteenth Amendment Rules, 2012"), but he is not pressing the said relief in respect of Fifteenth Amendment Rules, 2012 for the reason that the offending provision having already been struck down, the Court has to consider only its consequential effect and to see whether a provision, struck down by this Court being ultra-vires, can be allowed to operate pursuant to the aforesaid amending Rules, and if not, then to the extent amending Rules refer to a provision which has been declared ultra vires, the amending Rules to that extent are otiose/redundant/inoperative and have to be ignored by authorities concerned and that is how it is not necessary for petitioner to seek any relief for declaring the amending Rule of Fifteenth Amendment Rules, 2012 ultra vires. This Court has to declare only that part of Amending Rule, which refers to a provision which has already been struck down by this Court, inoperative and redundant, and respondents-authorities, would be required to prepare merit list accordingly, i.e., by ignoring such provision. In the alternative, he submitted that Rule 14 (3)(a) of Sixteenth Amendment Rules, 2012, being pari materia to Rule 14 (3) of Sixteenth Amendment Rules, 2012 suffers from the same vice and hence for the reasons given by Division Bench in its judgment dated 20.11.2013 in Special Appeal (Defective) No. 237 of 2013 (Shiv Kumar Pathak and others Vs. State of U.P. and others), it is also ultra vires and, hence, liable to be struck down.
5. Writ petition no. 28003 of 2015 (hereinafter referred to as "Second Petition, Group-A") has been filed at the instance of five petitioners, namely, Umesh Kumar Singh, Saroj Kumar Singh, Vimal Kumar Tiwari, Sanjay Kumar Verma and Dhananjay Singh and therein also the relief sought is similar to that as sought in writ petition no. 57476 of 2013.

UPTET SARKARI NAUKRI News - - सुधीर अग्रवाल जी का रिजर्व्ड आर्डर पार्ट्

UPTET SARKARI NAUKRI News - -

सुधीर अग्रवाल जी का रिजर्व्ड आर्डर पार्ट्

1 Hon'ble Sudhir Agarwal, J. 1. Heard Sri Ashok Khare, and Sri Radha Kant Ojha, learned Senior Advocates, appearing for petitioners, learned Standing Counsel for State-respondents, Sri A.K. Yadav, Advocate, for Basic Shiksha Parishad; and, Sri Anoop Trivedi, Sri Seemant Singh, Sri Abhishek Srivastava and Sri S.K. Mishra, Advocates, who have appeared for interveners /selected candidates, in bunch of these cases.

2. Though all these writ petitions are connected and have been nominated to this Bench by Hon'ble the Chief Justice for adjudication, but having heard learned counsels for parties, I find that these writ petitions need be categorised in five groups, namely, Writ Petitions No. 57476 of 2013, 28003 of 2015 and 28977 of 2015 are placed in 'Group-A'; Writ Petitions No. 58712 of 2013, 62241 of 2013 and 50787 of 2013 are placed in 'Group-B'; Writ Petitions No. 57236 of 2013 and 2999 of 2015 in 'Group-C'; Writ Petition No. 15541 of 2015 in 'Group-D'; and, Writ Petition No. 628 of 2015 in 'Group-E'. In this judgment, I shall deal with these matters groupwise. Group-A: 3. Writ Petition No. 57476 of 2013 (hereinafter referred to as "First Petition, Group-A") has been filed under Article 226 of the Constitution of India by 12 petitioners seeking a writ of mandamus directing for preparation of merit list for recruitment to the post of Assistant Teachers in Senior Basic School/ Head Master in Junior Basic Schools, not only on the basis of academic qualification, but also by giving weightage to the scores obtained by candidates in 'Teachers Eligibility Test" (hereinafter referred to as "TET").

4. Sri Ashok Khare, learned Senior Advocate, contended that though in the writ petition, as was drafted and filed, the petitioners have challenged Notifications dated 30.08.2012 and 5.12.2012 (Annexures 1 and 3 to the writ petition), i.e., U.P. Basic Education (Teachers) Service (Fifteenth Amendment) Rules, 2012 (hereinafter referred to as "Fifteenth Amendment Rules, 2012") and U.P. Basic Education (Teachers) Service (Sixteenth Amendment) Rules, 2012 (hereinafter referred to as "Sixteenth Amendment Rules, 2012"), but he is not pressing the said relief in respect of Fifteenth Amendment Rules, 2012 for the reason that the offending provision having already been struck down, the Court has to consider only its consequential effect and to see whether a provision, struck down by this Court being ultra-vires, can be allowed to operate pursuant to the aforesaid amending Rules, and if not, then to the extent amending Rules refer to a provision which has been declared ultra vires, the amending Rules to that extent are otiose/redundant/inoperative and have to be ignored by authorities concerned and that is how it is not necessary for petitioner to seek any relief for declaring the amending Rule of Fifteenth Amendment Rules, 2012 ultra vires. This Court has to declare only that part of Amending Rule, which refers to a provision which has already been struck down by this Court, inoperative and redundant, and respondents-authorities, would be required to prepare merit list accordingly, i.e., by ignoring such provision. In the alternative, he submitted that Rule 14 (3)(a) of Sixteenth Amendment Rules, 2012, being pari materia to Rule 14 (3) of Sixteenth Amendment Rules, 2012 suffers from the same vice and hence for the reasons given by Division Bench in its judgment dated 20.11.2013 in Special Appeal (Defective) No. 237 of 2013 (Shiv Kumar Pathak and others Vs. State of U.P. and others), it is also ultra vires and, hence, liable to be struck down. 5. Writ petition no. 28003 of 2015 (hereinafter referred to as "Second Petition, Group-A") has been filed at the instance of five petitioners, namely, Umesh Kumar Singh, Saroj Kumar Singh, Vimal Kumar Tiwari, Sanjay Kumar Verma and Dhananjay Singh and therein also the relief sought is similar to that as sought in writ petition no. 57476 of 2013. 6. Writ Petition No. 28977 of 2015 (hereinafter referred to as "Third Petition, Group-A") is at the instance of sole petitioner, Bhagwati Prasad, who has simply sought a mandamus commanding respondents to forthwith issue letter of appointment to petitioner, appointing him to the post of Assistant Teacher, Science/Maths in Senior Primary School in District Auraiya on the basis of select list. His brief case is that he is a scheduled caste candidate, possessing qualification of Bachelor in Science and Bachelor of Education and has also passed U.P. Teachers Eligibility Test, 2011 (Upper Primary Level) with 82 marks. Pursuant to Government Order dated 11.07.2013 issued for recruitment of 29334 Assistant Teachers in Senior Primary Schools, he has been selected but his appointment has been deferred due to some litigation pending before this Court, though he is entitled to appointment.

7. Sri R.K. Ojha, learned Senior Advocate, pointed out that in some of these matters, question of validity of Rules is attracted and the cases in which validity of Statute is involved, are within the determination of Bench presided by Hon'ble the Chief Justice, and, therefore, this Court may not have jurisdiction to hear those matters. However, this Court finds that all these cases are cognizable by Single Judge and to this extent there is no dispute between the parties. The cases in which validity of Statute is involved, and cognizable by Division Bench, the same are within the determination of Bench presided by Hon'ble the Chief Justice, but in respect of matters cognizable by Single Judge, I do not find any such determination. Moreover, all these cases have come up before this Court on the nomination made by Hon'ble the Chief Justice and, therefore, in my view, this argument has no substance. 8. Learned counsels for parties proceeded to address the Court on merits in all these matters with request that since huge number of appointments are involved in these cases causing irreparable loss to eligible and selected candidates, therefore, these matters may be decided at an early date. I proceed accordingly.

9. Some facts in brief, as borne out from record of First Petition, necessary for adjudication of dispute are as under.

10. Recruitment to the post of Assistant Teacher in Primary Schools comprising of Junior Primary Schools (hereinafter referred to as "Jr.P.S.") and Senior Primary Schools (hereinafter referred to as "Sr.P.S.") as also for the post of Head Master in Jr.P.S., is governed by U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981"). Recruitment to the posts of Assistant Teacher in Jr.P.S. is open for direct recruitment only. Rest of the cadres, namely, Assistant Teacher in Sr.P.S. and Head Masters in Jr.P.S. and Head Masters in Sr.P.S. were all to be filled in by way of promotion. The Assistant Teachers of Jr.P.S. were entitled to be considered for promotion to the post of Assistant Teacher, Sr.P.S. and Head Master of Jr.P.S. Those who were working in the cadre of Head Master, Jr.P.S. or Assistant Teacher, Sr.P.S. were eligible to be considered for promotion to the post of Head Master, Sr.P.S. 11. Vide Fifteenth Amendment Rules, 2012, issued vide Notification dated 30.8.2012, Rule 5 was substituted providing 50 per cent of posts of Assistant Teachers, Sr.P.S. and Head Master of Jr.P.S. by promotion and 50 per cent by direct recruitment. No change was made in the process of recruitment of Assistant Teachers of Jr.P.S. and Head Masters of Sr.P.S.

UPTET SARKARI NAUKRI News -JRT BHRTEE Pathak ki writ kharij huee, no weightage-

UPTET SARKARI NAUKRI News -JRT BHRTEE Pathak ki writ kharij huee, no weightage-

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🌷 नाग पंचमी की हार्दिक शुभ कामनायें 🌷 🐍🐍🐍🐍🐍🐍🐍🐍🐍🐍🐍

🌷 नाग पंचमी की हार्दिक शुभ कामनायें 🌷
🐍🐍🐍🐍🐍🐍🐍🐍🐍🐍🐍
👉 कल – १९ अगस्त २०१५ बुधवार को नाग पंचमी है ।

🌷 दुर्भाव हटाये, सद्भाव जगाये : नागपंचमी

🙏 🐍श्रावण शुक्ल पंचमी को नागपंचमी का पर्व मनाया जाता है । यह नागों की पूजा का पर्व है । मनुष्यों और नागों का संबंध पौराणिक कथाओं में झलकता रहा है । शेषनाग के सहस्र फनों पर पृथ्वी टिकी है, भगवान विष्णु क्षीरसागर में शेषशय्या पर सोते हैं, शिवजी के गले में सर्पों के हार हैं, कृष्ण-जन्म पर नाग की सहायता से ही वसुदेवजी ने यमुना पार की थी । जनमेजय ने पिता परीक्षित की मृत्यु का बदला लेने हेतु सर्पों का नाश करनेवाला जो सर्पयज्ञ आरम्भ किया था, वह आस्तीक मुनि के कहने पर इसी पंचमी के दिन बंद किया था । यहाँ तक कि समुद्र-मंथन के समय देवताओं की भी मदद वासुकि नाग ने की थी । अतः नाग देवता के प्रति कृतज्ञता व्यक्त करने का दिन है – नागपंचमी ।

🌷 श्रावण मास में ही क्यों मनाते हैं नागपंचमी

🙏 🐍वर्षा ॠतु में वर्षा का जल धीरे-धीरे धरती में समाकर साँपों के बिलों में भर जाता है । अतः श्रावण मास के काल में साँप सुरक्षित स्थान की खोज में बाहर निकलते हैं । सम्भवतः उस समय उनकी रक्षा करने हेतु तथा उनके प्रति कृतज्ञता व्यक्त करने हेतु एवं सर्पभय व सर्पविष से मुक्ति के लिए हमारी भारतीय संस्कृति में इस दिन नागपूजन, उपवास आदि की परम्परा रही है ।

🌷 सर्प हैं खेतों के ‘क्षेत्रपाल’ 🌷

🙏🐍 भारत देश कृषिप्रधान देश है । साँप खेतों का रक्षण करते हैं, इसलिए उसे ‘क्षेत्रपाल’ कहते हैं । जीव-जंतु, चूहे आदि जो फसल का नुकसान करनेवाले तत्त्व हैं, उनका नाश करके साँप हमारे खेतों को हराभरा रखते हैं । इस तरह साँप मानव-जाति की पोषण-व्यवस्था का रक्षण करते हैं । ऐसे रक्षक की हम नागपंचमी को पूजा करते हैं ।

🌷 कैसे मनाते हैं नागपंचमी 🌷

🙏 🐍इस दिन कुछ लोग उपवास करते हैं । नागपूजन के लिए दरवाजे के दोनों ओर गोबर या गेरुआ या ऐपन (पिसे हुए चावल व हल्दी का गीला लेप) से नाग बनाया जाता है । कहीं-कहीं मूँज की रस्सी में ७ गाँठें लगाकर उसे साँप का आकार देते हैं । पटरे या जमीन को गोबर से लीपकर, उस पर साँप का चित्र बना के पूजा की जाती है । गंध, पुष्प, कच्चा दूध, खीर, भीगे चने, लावा आदि से नागपूजा होती है । जहाँ साँप की बाँबी दिखे, वहाँ कच्चा दूध और लावा च‹ढाया जाता है । इस दिन सर्प-दर्शन बहुत शुभ माना जाता है ।

🙏🐍 नागपूजन करते समय इन १२ प्रसिद्ध नागों के नाम लिये जाते हैं – धृतराष्टड्ढ, कर्कोटक, अश्वतर, शंखपाल, पद्म, कम्बल, अनंत, शेष, वासुकि, पगल, तक्षक, कालिय और इनसे अपने परिवार की रक्षा हेतु प्रार्थना की जाती है । इस दिन सूर्यास्त के बाद जमीन खोदना निषिद्ध है ।

🙏 नागपंचमी का सद्भावना संदेश
यह उत्सव प्रकृति-प्रेम को उजागर करता है । हमारी भारतीय संस्कृति हिंसक प्राणियों में भी अपना आत्मदेव निहारकर सद्भाव रखने की प्रेरणा देती है । नागपंचमी का यह उत्सव नागों की पूजा तथा स्तुति द्वारा नागों के प्रति नफरत व भय को आत्मिक प्रेम व निर्भयता में परिणत करने का संदेश देता है ।
🙏🌹🌻🌷🍀🌺🌸💐🍁🙏🐍🐍🐍🐍🐍🐍🐍🐍🐍🐍