HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 29443 of 2016
Petitioner :- Deepak Kumar Tiwari And 12 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Ram Milan Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Notice on behalf of respondents -1 to 4 has been accepted by Chief Standing Counsel.
The Standing Counsel is one month's time to file counter affidavit.
It has been stated that� Sri U.S. Upadhyay has been appointed as Standing Counsel for respondents- 2 and 3 but he has avoided to receive notice of the writ petition. Although the notice was tried to served upon him on 24.6.2016. The counsel for the petitioner has made endorsement in this respect in the writ petition. In such circumstances, in the absence of notice to respondents - 2 and 3 , the petition is being heard.
The contention of the petitioner is that the advertisement dated 12.12.2014 /13.12.2014 was made for selection and appointment of Assistant Teacher for Primary School. The petitioners were having qualification of Diploma in Education (Special Education) from Rehabilitation Council of India. In the year 2008, the nomenclature of the Diploma in Education (Special Education) has been changed as Diploma in Special Education� (Hearing Impairment) [D.Ed. S.E. (HI)] 2 years, although the degree is same. Earlier the respondents have avoided to accept the forms of the petitioners then petitioners had to file writ petition i.e. Writ A No. 533 of 2015 which was allowed by this Court by order dated 2.2.2015 and the respondents were directed to accept the application forms of the petitioner through online mode. Although the forms of the petitioners has been accepted but at the time of counselling� the certificate of the petitioners has not been accepted. The counselling was conducted on 22.6.2016 and appointment letter is being issued on 28.6.2016.
I have considered the arguments of the counsel for the petitioner and examined the records.
Once it has been found that the petitioners were holding requisite qualification for the post of Assistant Teacher then there was no justification for not permitting them to appear in the counselling.
In such circumstances, the respondents are restrained from issuing appointment letter to any of the eligible candidates. If the appointment letters have been issued then they may not be permitted to join for the aforesaid post till next date of listing.
List on 27th August, 2016 before appropriate Bench.
Certified copy of this order may be issued today.�
Order Date :- 28.6.2016
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