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Saturday, January 30, 2016

UPTET SARKARI NAUKRI News - बी टी सी की सीट्स खाली रहने के बाद में अकादमिक सेशन में देरी होने के कारण एक नियत तिथी के बाद नहीं भरी जा सकती , सुप्रीम कोर्ट के आदेश के अनुपालन में हाई कोर्ट ने बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश -

UPTET SARKARI NAUKRI   News - बी टी सी की सीट्स खाली रहने के बाद में अकादमिक सेशन में देरी होने के कारण एक नियत तिथी के बाद नहीं भरी जा सकती , सुप्रीम कोर्ट के आदेश के अनुपालन में हाई कोर्ट  ने  बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

Reserved 


Civil Misc. Writ Petition No. 2413 of 2016 

Krishna College of Sports & Education and others 

Versus 

State of U.P. and others 

____________ 

Hon'ble Manoj Kumar Gupta, J. 

1. The petitioners are educational Institutions having recognition from National Council for Teacher Education for running 2 years elementary level D.El.Ed. (BTC Course). They also have affiliation from the State Government. The petitioners have approached this Court seeking issuance of a writ of mandamus commanding the respondents to allot students to the petitioners' Institutions against the remaining vacant seats of BTC Course for Academic Session 2014-15. Their case is that after two rounds of counselling, number of seats had remained vacant in their Institutions and consequently, the respondents are under obligation to allot students to the petitioners' Institutions by conducting another round of counselling. 
2. It is averred in paragraph 12 of the writ petition that the first round of counselling had taken place at DIET, Agra from 9 September 2015 to 16 September 2015. In paragraph 14 of the writ petition, it is stated that the remaining seats were sought to be filled up by conducting the second round of counselling from 18 September 2015 to 21 September 2015. Even thereafter, number of seats remained vacant in the petitioners' Institutions and, therefore, their case is that the respondents ought to have conducted another round of counselling for recommending students for admission to BTC Course in the petitioners' Institutions. It is contended that in other districts, the remaining vacant seats were filled up by holding third and fourth round of counselling and thus, similar procedure should have been adopted in district Agra as well. 
3. The Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evam Prashikshan Sansthan Versus National Council for Teacher Education and others1 decided on 8 September 2015 has issued following directions in relation to BTC Course in the State of Uttar Pradesh : - 
"(i) The commencement of the Academic Session 2014-2015 will be from the date as mentioned on behalf of the State of Uttar Pradesh i.e. 22nd September,2015. The session will commence for the seats available against the first, second and third batch of seats/students mentioned in the Chart extracted above, meaning thereby that for the Academic Session 2014-2015 the seats available against the fourth and fifth batch will not be filled up. 

(ii) The Academic Session 2014-2015 will be brought to a close on completion of the mandatory number of working days at the earliest and without any delay. 

(iii) The Academic Session 2015-2016 will commence on 22nd September, 2016 and affiliations/admissions etc. in respect of the said Academic Year would stand concluded well in time to enable the commencement of the Session from the date mentioned i.e. 22nd September, 2016. 

(iv) The Academic Session 2015-2016 similarly will be brought to its earliest conclusion so that the next Academic Session can begin as per the original academic calendar i.e. July, 2017 and thereafter each Academic Session will strictly adhere to the academic calendar of the State. 

(iv) We direct all Authorities i.e. NCTE and SCERT to strictly comply with and adhere to the above directions and not to permit recognition or affiliation beyond the dates mentioned in Maa Vaishno Devi Mahila Mahavidyalaya (supra) and not to grant admissions beyond such dates which may have the effect of putting the date of commencement of the concerned Academic Session itself in peril." 

4. The aforesaid directions were issued by the Supreme Court in the context of the prayer made before it by various educational institutions for ante-dating the recognition granted to them by National Council for Teacher Education to Academic Session 2013-14 or Academic Session 2014-15. The plea was based on the contention that the Academic Session 2015-16 had yet not commenced and Academic Session 2013-14 and 2014-15 are inordinately delayed. It was urged before the Supreme Court that in case they were not permitted to admit students during the Academic Session 2014-15, which had yet not commenced, it would be a waste of available infrastructure and manpower. However, the Supreme Court repelled the plea urged in this regard and specifically provided that Academic Session 2014-15 would commence from 22 September 2015. In the present case, as noted above, until 21 September 2015, two rounds of counselling had taken place at Agra and in pursuance whereof candidates were recommended for admission to the petitioners' Institutions. It seems that even after the second round of counselling, certain seats remained vacant. The Supreme Court had directed for commencement of Academic Session 2014-15 from 22 September 2015 meaning thereby that the process of admission was to be completed before the said date. In such view of the matter, this Court is of the opinion that no illegality has been committed by the respondents in not holding another round of counselling, as the session had commenced from 22 September 2015. 
5. This Court while deciding a batch of writ petitions leading case being Committee of Management Baba Ram Nath Utkarsh Mahavidyalaya and another Versus State of U.P. And others2, has held that the time schedule prescribed by the Supreme Court is sacrosanct and has to be complied with by every authority/person/council/committee. It has further been held in the said judgment by placing reliance on the Supreme Court decision in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of U.P. and others3 that the time frame prescribed can not be relaxed even by Courts. Consequently, the plea of the petitioners that in some districts, the State had held third and fourth round of counselling, after 22 September 2015, can not be made a ground to issue a direction to the authorities, which would be in the teeth of the time frame prescribed by the Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evem Prashikshan Sansthan (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra). 
6. Consequently and for the reasons given above, the writ petition lacks merit and is dismissed. 

(Manoj Kumar Gupta, J) 
Dated: 27th January 2016 
AM/- 


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UPTET SARKARI NAUKRI News -टी ई टी पास याची का पति डाकुओं द्वारा मार दिया गया , कोर्ट ने पति के स्थान पर काम करने के मामले में 2 महीने के अंदर बी एस ए को कानूनानुसार निर्णय लेने को कहा -

UPTET SARKARI NAUKRI   News -टी ई टी पास याची का पति डाकुओं द्वारा मार दिया गया , कोर्ट ने पति के स्थान पर काम करने के मामले में 2 महीने के अंदर बी एस ए को  कानूनानुसार निर्णय लेने को कहा  



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 2746 of 2016 

Petitioner :- Smt Pankaj Kumari 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Lakshman Singh 
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner's husband was an Assistant Teacher in a Primary School run by the U.P. Board of Basic Education. It is stated that he was killed by the dacoits on 27th November, 2012, while he was in harness. The petitioner claims that she has necessary qualification for being appointed as an Assistant Teacher. She claims that she did her B.Ed., L.T. and has also cleared Uttar Pradesh Teacher Eligibility Test 2013-14, a copy whereof is placed by her on the record as annexure-3 to the writ petition. 
It is stated that for her appointment the petitioner has made a representation to the District Basic Education Officer on 12th February, 2013 but no decision has been taken as yet. 
I have heard learned Counsel for the petitioner, learned Standing Counsel appearing for the State functionaries and Sri K.K. Chand, learned Counsel for the respondent nos. 2 & 4. With their consent the writ petition is being disposed of finally, at this stage, in terms of the Rules of the Court. 
Having regard to the facts and circumstances of the case, it would be in the interest of justice that a direction� be issued upon the District Basic Education Officer to consider the cause of the petitioner and pass appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order. 
The writ petition is, accordingly, disposed of. 
No order as to costs. 
Order Date :- 27.1.2016 
DS/- 

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UPTET SARKARI NAUKRI News - Junior aur Primary Dono Mein Selected ne Primary Mein Training ki Rahat Mangee, Court ne Rahat dee kee Primary Kee Last Counseling Tak Abhyarthan Bana Rahegaa Agar Seats Nahin Bhrtee Hai To -

UPTET SARKARI NAUKRI   News - Junior aur Primary Dono Mein Selected ne Primary Mein Training ki Rahat Mangee, Court ne Rahat dee kee Primary Kee Last Counseling Tak Abhyarthan Bana Rahegaa Agar Seats Nahin Bhrtee Hai To  



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 52 of 2016 

Petitioner :- Nazia Khan 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Radhey Raman Mishra 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta 

Hon'ble Pradeep Kumar Singh Baghel,J. 
Learned counsel for the petitioner is permitted to implead the Director, SCERT, Lucknow as one of the respondents during the course of the day. 
The petitioner is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School. 
Previously, an advertisement was made on 30.11.2011 for recruitment of the Assistant Teachers in the Junior Basic Schools against 72825 vacancies. Later on, vide advertisement dated 13.07.2013, the respondents called applications for the appointment of 29334 Assistant Teachers (Mathematics and Science) in Senior Basic Schools. 
It is stated that the petitioner has applied against both the advertisement and she has been selected as Assistant Teacher (Mathematics and Science) in the Senior Basic School and as Trainee Teacher in the Junior Basic School. The petitioner has completed her six months' training as Trainee Teacher in the Junior Basic School but at present she is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School. 
Their grievance is that the entire recruitment process pursuant to the advertisement dated 11.08.2013 is under cloud as various writ petitions and special appeals in this Court are pending. 
In the meantime, fourth round of counselling is going on for the Trainee Teachers wherein the petitioner has been directed to submit her original educational testimonials within 15 days, failing which, her selection as Trainee Teacher in the Junior Basic School shall stand cancelled. 
Learned counsel for the petitioner further submits that the original educational testimonials have been deposited with the authorities of the Senior Basic Schools, therefore, she is unable to produce it for her appointment as Trainee Teacher. 
It is submitted by the learned counsel for the respondents that in case any interim order is granted, it would cause serious prejudice to complete the selection of the Training Teachers in compliance of the order of Supreme Court. 
Learned counsel for the petitioner in rejoinder submits that there are still large number of vacancies of the Trainee Teachers even after completing the present counselling for the Training Teachers. 
Having regard to the facts and circumstances of the case, a direction is issued to respondents to complete the present counselling and the selection in compliance of the order of the Supreme Court but the petitioner shall be considered in the last round of the counselling, if the post remains vacant. 
Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 
List after expiry of the aforesaid period. 
Till the last selection is completed, the claim of the petitioner shall not be cancelled. 
Order Date :- 8.1.2016 
S.Sharma 



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UPTET SARKARI NAUKRI News - Court :-Without TET, BTC 2004 Candidates are Not Eligible for Appointment-

UPTET SARKARI NAUKRI   News - Court :-Without TET, BTC 2004 Candidates are Not Eligible for Appointment 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 1654 of 2016 

Petitioner :- Sandhya Dwivedi 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Anil Tiwari 
Counsel for Respondent :- C.S.C.,Deo Dayal 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner has preferred this writ petition for the following reliefs: 
"i.� Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quash the impugned order dated 09.09.2015 passed by the District Basic Education Officer, Chandauli wherein the petitioner has been denied the appointment and joining on the ground that she is not having qualified TET Examination (Annexure no. 1 to this writ petition). 
ii.� Issue a writ order or direction of suitable nature commanding the respondents to permit the petitioner to function as assistant teacher in Prathmik Vidyalaya run by the Board of Basic Education, U.P. in District Chandauli and to pay the petitioner the regular monthly salary on such basis regularly every months. 
iii.� Issue a writ order or direction of suitable nature commanding the respondents not to insist upon the petitioner to pass the U.P. Teacher Eligibility Test as a pre-condition for grant of appointment to the petitioner as assistant teacher." 
The petitioner claims that she did her Special B.T.C. Training-2004 and she is entitled for appointment as an Assistant Teacher. Her claim has been rejected by the District Basic Education Officer on the ground that the petitioner has not passed Teacher Eligibility Test (TET), therefore, she is not eligible for appointment as Assistant Teacher. 
Learned counsel for the District Basic Education Officer has submitted that a Full Bench of this Court in the case of Shiv Kumar Sharma and others v. State of U.P. and others, 2013 (6) ADJ 310 (FB), has held that after coming into force of the Right of Children to Free and Compulsory Education Act, 2009 and the notification of the National Council for Teacher Education (NCTE) dated 23rd August, 2010, TET is one of the essential qualifications. 
Learned counsel for the petitioner has drawn the attention of the Court to an order of this Court dated 19th February, 2015 passed in Writ-A No. 10018 of 2015 (Rajeev Verma and 102 others v. State of U.P. and others). In that case, the only ground raised was that in the case of one Smt. Deep Mala Sengar i.e. Writ Petition No. 4246 of 2013 (Smt. Deep Mala Sengar v. State of U.P. and others) she has been given the appointment although she has not cleared TET. 
Learned counsel for the District Basic Education Officer submits that� steps have been taken to cancel the appointment of Smt. Deep Mala Sengar. 
I have heard learned counsel for the petitioner and learned counsel appearing for the respondents. 
The Full Bench in Shiv Kumar Sharma (supra) has held that TET is an essential qualification. Concededly, the petitioner has not cleared TET examination held by the State Government� i.e. UPTET or the Central Government i.e. CTET. In view of the above, she does not have a minimum qualification. Moreover, under Article 226 of the Constitution the petitioner cannot claim a negative equality even assuming that Smt. Deep Mala Sengar was given appointment contrary to law. This Court cannot enforce a negative equality which is contrary to law. The view taken by the District Basic Education Officer in the impugned order that the petitioner is not entitled for appointment as she does not have TET certificate, is perfectly legal and in consonance with the Full Bench decision of this Court in Shiv Kumar Sharma (supra). I do not find any error in the order of the District Basic Education Officer. The writ petition lacks merit and it is, accordingly, dismissed. 
No order as to costs. 
Order Date :- 14.1.2016 
SKT/- 

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UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET APTET / Andhra Pradesh TET , CGTET / Chattisgarh TETHPTET / Himachal Pradesh TET
 
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UPTET SARKARI NAUKRI News - TET 82 Marks Mein Der Se Yachika Daalne Vaalon Ko Bhee 29334 Junior Teacher Counseling Mein Rahat ke Aadesh -

UPTET SARKARI NAUKRI   News - TET 82 Marks Mein Der Se Yachika Daalne Vaalon Ko Bhee 29334 Junior Teacher Counseling Mein Rahat ke Aadesh 




********************************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 1254 of 2016

Petitioner :- Brijlal And 32 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,A.K. Yadav,Rajiv Joshi

Hon'ble Pradeep Kumar Singh Baghel,J.
Thirty three petitioners have joined this writ petition. They claim that they have successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011 and 2013. All of them have secured 82 marks and they belong to reserved category.
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition. 
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition.
Order Date :- 13.1.2016
DS/-
****************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 1479 of 2016

Petitioner :- Manoj Kumar Verma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dhanbeer Mishra
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Rajiv Joshi

Hon'ble Pradeep Kumar Singh Baghel,J.
Connect this Writ Petition with Writ Petition No. 1254 of 2016 (Brijlal & 32 others v. State of U.P. & 2 others).
The petitioner has cleared his Central Teacher Eligibility Test with 82 marks..
In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 14.1.2016
ssm


******************************
HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 1234 of 2016

Petitioner :- Vidisha Panwar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Chandan Sharma,Abhishek Rai,Umesh Narain Sharma
Counsel for Respondent :- C.S.C.,Rajiv Joshi,Yatindra

Hon'ble Pradeep Kumar Singh Baghel,J.
1. The petitioner claims that she has successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011. She has secured 82 marks and belongs to reserved category.
2. In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
3. Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
4. List accordingly.
5. The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 13.1.2016
DS/-

**************************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 7 
Case :- WRIT - A No. - 1484 of 2016 
Petitioner :- Teerth Kumar 
Respondent :- State Of U.P. And 4 Others 
Counsel for Petitioner :- Avinash Tiwari 
Counsel for Respondent :- C.S.C., R.C. Singh, Rajiv Joshi 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner claims that he has successfully cleared Uttar Pradesh Teacher Eligibility Test-2011 (Upper Primary Level) and has secured 82 marks. He belongs to reserved category. 
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5. 
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher. 
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under: 
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014." 
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue. 
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioner has made application in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under: 
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA" 
The petitioner is aggrieved by the aforesaid condition. 
It is urged on behalf of the petitioner that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioner, who is similarly situated, may be given same benefit. His candidature may not be rejected only on the ground that he has earlier not filed any writ petition. 
Matter needs consideration. 
Learned Standing Counsel has accepted notice on behalf of the first and fourth respondents, Sri R.C. Singh, learned Advocate, appears for the second and fifth respondents, and Sri Rijwan Ali Akhtar, learned Advocate, has put in appearance on behalf of the third respondent. 
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter. 
List accordingly, showing the name of Sri Rijwan Ali Akhtar as counsel for the respondents. 
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioner to appear in the counselling which is scheduled to be held from 18th January, 2016, however, his result shall abide by the decision of this writ petition. 
Order Date :- 14.1.2016 
SKT/- 

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UPTET SARKARI NAUKRI News -Maternal Grand Children treated to be Dependents of Freedom Fighter, Court ne Teacher Niyukti Mein Deeya Moka -

UPTET SARKARI NAUKRI   News -Maternal Grand Children treated to be Dependents of Freedom Fighter, Court ne Teacher Niyukti Mein Deeya Moka 

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Is Aadesh ki Hamaree Vyakhya Ke Anusaar Freedom Fighter kee Ladkee Ke Bachhon ko Bhee Ab Freedom Fighter Quota Mein Aarakshan Milegaa
***************



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 26 

1. Case :- MISC. SINGLE No. - 801 of 2016 
Petitioner :- Shyam Sundar 
Respondent :- State of U.P. Thru. Prin.Secy., Basic Education & 5 Others 
Counsel for Petitioner :- Zubair Hasan,Mohammad Danish 
Counsel for Respondent :- C.S.C.,M.M. Asthana 

2. Case :- MISC. SINGLE No. - 821 of 2016 
Petitioner :- Arun Kumar Yadav 
Respondent :- State Of U.P. Thru. Secretary Basic Education & 5 Others 
Counsel for Petitioner :- Anil Kumar Yadav,Diwakar Singh Kaushik 
Counsel for Respondent :- C.S.C.,Ajay Kumar,M.M. Asthana 

3. Case :- MISC. SINGLE No. - 864 of 2016 
Petitioner :- Sunil Kumar 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Basic Edu. & Ors. 
Counsel for Petitioner :- Arun Kumar,Ramapati 
Counsel for Respondent :- C S C,Ajay Kumar 
AND
4. Case :- MISC. SINGLE No. - 879 of 2016 
Petitioner :- Karm Ruchi Singh Somwanshi 
Respondent :- State Of U.P. Thru. Secretary Basic Education & 5 Others 
Counsel for Petitioner :- Mohammad Saqib Siddiqui,Abdul Fazal Jaffrey 
Counsel for Respondent :- C.S.C.,M.M. Asthana 

Hon'ble Devendra Kumar Upadhyaya,J. 
Heard learned counsel for the petitioners and Shri Ajay Kumar and Shri Neeraj Chaurasia, learned counsel appearing for Basic Shiksha Parishad, Allahabad as well as Shri M.M. Asthana, learned counsel appearing for NCTE. 
Respondents will file their counter affidavits within four weeks. 
Two weeks' time thereafter shall be available to the learned counsel for the petitioners to file rejoinder affidavit. 
List the case after expiry of the aforesaid period. 
All the petitioners, who belong to reserved category of either Scheduled Castes or Other Backward Classes or Scheduled Tribes or Ex-Servicemen or Differently Disabled or the Dependents of Freedom Fighter, have approached this Court seeking a direction to the authorities concerned to permit them to participate in the counseling being held for appointment as Assistant Teachers in the Junior High Schools being run by the Basic Shiksha Parishad pursuant to the advertisement/notification dated 07.01.2016, issued by the Secretary of Uttar Pradesh Basic Shiksha Parisahad, Allahabad. 
It has been submitted on behalf of the petitioners that all of them have secured minimum 82 marks in the Teachers Eligibility Test and as such in terms of the order dated 13.11.2013, passed by this Court in Writ-A No.59978 of 2013 as affirmed by a Division Bench of this Court vide order dated 01.09.2014, passed in Special Appeal (Defective) No.716 of 2014, they are eligible to participate in the counseling. 
This Court by means of the order dated 13.11.2013, passed in Writ-A No.59978 (M/S) of 2013 observed that the Central Board of Secondary Education had provided that reserved category candidates with 82 marks in TET will be treated to be qualified and further that some of the States, in view of the decision of the Central Board of Secondary Education, have accepted the said 82 marks as qualifying marks for determining the eligibility of the reserved category candidates for appointment as Assistant Teachers. Accordingly, the Court directed the authority concerned to take appropriate decision in the matter. The special appeal preferred by the State of U.P. against the aforesaid order dated 13.11.2014 and other similar orders, was dismissed by a Division Bench of this Court by means of an order dated 01.09.2014. Pursuant to the aforesaid orders passed by the Court, the State Government issued a Government Order on 17.06.2015 providing therein that those candidates who had filed writ petitions and also the candidates who did not apply for appointment for the posts in question pursuant to the notification dated 11.07.2013 will be considered for appointment. The relevant portion of the said Government Order dated 17.06.2015 is extracted below:- 
"bl laca/k esa eq>s ;g dgus dk funsZ'k gqvk gS fd lE;d fopkjksijkUr m0 iz0 csfld f'k{kk ifj''kn }kjk lapkfyr ifj''knh; mPp izkFkfed fo|ky;ksa esa foKku@xf.kr fo''k; ds lgk;d v/;kidksa ds 29334 inksa ij p;u@fu;qfDr izfdz;k esa v/;kid ik=rk ijh{kk (UP-TET) o''kZ 2013 esa 82 vad izkIr dj mRrh.kZ gksus okys vuqlwfpr tkfr@vuqlwfpr tutkfr] vU; fiNM+k oxZ] Lora=rk laxzke lsukuh vkfJr@HkwriwoZ lSfud ¼Loa;½ rFkk fodykax Js.kh ds vH;fFkZ;ksa dks fjV ;kfpdk la[;k&1730@,e,l@2015] fou; dqekj 'kekZ o vU; cuke m0iz0 ljdkj o vU; esa ikfjr vafre vkns'kksa ds v/khu vkSicfU/kd :i ls lfEefyr fd;s tkus rFkk fjV ;kfpdk la[;k&6652@,e,l@2014] fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'ksa ds dze esa mDr fu;qfDr gsrq vk;ksftr gksus okyh dkmfUlfyax izfdz;k esa ;kph vH;fFkZ;ksa dks lfEefyr djus ,oa vkosnu u djus okys ;kph vH;fFk;kssa ds vku ykbu vkosnu dks Lohdkj fd;s tkus dk fu.kZ; fy;k x;k gSA" 
Perusal of the aforesaid Government Order issued by the State Government clearly reveals that the State Government has taken a decision in respect of the candidates belong to different reserved categories who have secured minimum 82 marks in the TET and has allowed them to participate in the selection. The Government Order says that those persons who had filed writ petitions as also the persons who did not apply will be permitted to participate in the selection. Pursuant to the said Government Order dated 17.06.2015, the Secondary, Basic Shiksha Parishad, U.P. Allahabad, issued a notification/advertisement inviting applications from the candidates securing the minimum 82 marks belonging to different reserved categories requiring them to apply online for appointment on the posts in question. The said notification does not differentiate between the candidates who had filed writ petitions and those who had not approached the Court. The notification dated 12.08.2015 clearly states that all the eligible candidates who had cleared TET Examination-2013 securing minimum 82 marks and had not applied in the process of selection earlier will be permitted to make application online. However, the notification issued on 07.01.2016 by the Secretary, Basic Shiksha Parishad, U.P. Allahabad, permits only those candidates belonging to reserved categories, who had secured minimum 82 marks in the TET-2013 to participate in the counseling for the purposes of shortlisting for the appointment as Assistant Teachers in the Junior High Schools who had filed the writ petitions before this Court. 
Learned counsel appearing for the petitioners have categorically submitted that the petitioners were not permitted to participate in the counseling only because they had not approached the Court earlier. 
The aforesaid differentiation, being made by the authorities concerned during the counseling pursuant to the notification dated 07.01.2016 amongst the eligible candidates who acquired their eligibility on the basis of securing minimum 82 marks in TET-2013 on the sole basis of the candidate having approached or not approached the Court, cannot be appreciated. No such differentiation has been made in the Government Order dated 17.06.2015, pursuant to which online applications were invited by means of the notification dated 12.08.2015. Even the notification dated 12.08.2015 also does not make any such differentiation. However, the notification dated 07.01.2016 states that the candidates shall be present in counseling for ensuring compliance of the orders passed by the Court. 
Considering the fact that the Government Order dated 17.06.2015 provides that all eligible candidates irrespective of whether they had filed writ petitions or not who have secured minimum 82 marks and belong to different reserved categories will be permitted to participate in counseling, as an interim measure, it is directed that the petitioners and all such candidates belonging to reserved categories who have secured minimum 82 marks in TET-2013 and have submitted their applications pursuant to the notification/advertisement dated 12.08.2015, shall be permitted to participate in the counseling which is under way pursuant to the notification dated 07.01.2016 irrespective of the fact as to whether such candidates did or did not file writ petitions earlier. The cases of such candidates under this order will also be considered while declaring the result of the counseling and such candidates will also be entitled to all consequential benefits. 
It is made clear that the result of the present counseling will be declared only once the petitioners and other like candidates are also permitted to participate in the counseling. I may also observe that before permitting the petitioners and other like candidates to participate in the counseling, the authorities will verify as to whether they fulfill other eligibility criteria and also as to whether they had submitted their applications pursuant to the notification/advertisement dated 12.08.2015. 
In respect of one of the petitioners in this bunch of writ petitions, namely, Shri Karm Ruchi Singh Somvanshi, it has been contended by the learned counsel for the respondents that in the earlier counseling he had applied as a general category candidate without claiming any reservation on the basis of his belonging to category of Dependent of Freedom Fighters and hence, the petitioner cannot be given the said benefit now. 
In this regard, it may be noticed in respect of the said petitioner, Shri Karm Ruchi Singh Somvanshi, that prior to the judgment rendered by this Court on 26.08.2014 in Writ-C No.41279 of 2014, Isha Tyagi vs. State of U.P. and others, the maternal grand children were not treated to be Dependents of Freedom Fighter, however, after the said judgment they are also entitled to the said benefit. 
Accordingly, the case of this petitioner, namely, Shri Karm Ruchi Singh Somvanshi, will also be considered in the reserved category as Dependent of Freedom Fighters in terms of the judgment rendered by this Court on 26.08.2014, passed in Writ-C No.41279 of 2014 and the consequential amendment made in the Principal Act by enacting the Uttar Pradesh Public Services (Reservation for Physical Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Amendment Act, 2015. 
Shri Karm Ruchi Singh Somvanshi while participating in the counseling will also apprise the authorities of the aforesaid judgment of this Court and the amendment made in the Principal Act, as referred to hereinabove. 
The selection of the petitioners on the post of Assistant Teachers and their consequential appointments, if any, shall, however, be subject to further orders which may be passed in this bunch of writ petitions. 
Order Date :- 20.1.2016 
akhilesh/- 

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