?Court No. - 7
Civil Misc. Modification Application No.387415 of 2015.
Case :- WRIT - A No. - 61872 of 2015
Petitioner :- Manish Kumar Yadav & 14 Others
Respondent :- State Of U.P. & 5 Others
Counsel for Petitioner :- Seemant Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Mrigraj Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
This is an application for modification of the order of this Court dated 04.11.2015.
The following modifications are made:
The petitioners are 15 in number. They have been selected� and are working as Assistant Teacher (Mathematics and Science) in Senior Basic Schools. Previously, they were selected as Trainee Teachers in Junior Basic Schools. They have completed their six months' training as Trainee Teacher/Assistant Teacher.
The grievance of the petitioners is that the recruitment process pursuant to the advertisement dated 11.08.2013 is subjudice, therefore, they want to join as Trainee Teacher in the Junior Basic Schools.
Learned counsel for the petitioners has placed reliance on a judgment of this Court passed in Writ-A No.61395 of 2015 (Manoj Kumar & 43 others v. State of U.P. & 19 others), wherein in the case of similarly placed person, the following order has been passed:
"In the meantime, fourth round of counselling is going on for the Trainee Teachers wherein the petitioners have been directed to submit their original educational testimonials within 15 days, failing which, their selection as Trainee Teachers 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, they are unable to produce it for their appointment as Trainee Teachers.
It is submitted by Sri B.P. Singh and Sri A.K. Yadav, 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 petitioners 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 petitioners shall not be cancelled."�
Learned Standing Counsel does not dispute the said fact.
Accordingly, the benefit of order quoted herein-above shall be extended to the petitioners also.
The modification application stands disposed of.
Order Date :- 11.12.2015
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