Saturday, January 30, 2016

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
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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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