Saturday, November 5, 2016

UPTET SARKARI NAUKRI News - TET Pehle aur BTC Baad Mein Karne Vaale KA Abhyrthan Radd Hone Par Court Ne Ek Aur Moka Diya Kee Vhe Apna Representation Vihag ko De -

UPTET SARKARI NAUKRI   News - TET Pehle aur BTC Baad Mein Karne Vaale KA Abhyrthan Radd Hone Par Court Ne Ek Aur Moka Diya Kee Vhe Apna Representation Vihag ko De  



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 38778 of 2016 

Petitioner :- Rifakat Ali 
Respondent :- State Of U.P. And 5 Ors. 
Counsel for Petitioner :- Swetashwa Agarwal,Irfan Chaudhary 
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai 

Hon'ble Manoj Misra,J. 
Supplementary affidavit filed today, is taken on record.� 
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1, 2, 4 and 6; and Sri Mangla Prasad Rai for respondent nos. 3 and 5. 
Considering the nature of the order that is being passed, the learned counsel for the parties agree that the petition may be disposed of at this stage itself. 
The present petition has been filed for a direction commanding the respondents to consider the claim of the petitioner for appointment on the post of Assistant Teacher (Primary Level). The case of the petitioner is that he holds all the relevant qualifications for the post and had submitted his online application pursuant to the advertisement and the application was registered with Registration No. 4700010796 for District Sonbhadra. The case of the petitioner is that he participated in the counselling on 17.8.2016 but his candidature was not considered on the ground that the petitioner had passed his teachers eligibility test (TET) in the year 2011 when the petitioner was not BTC pass. 
On the submissions of the learned counsel for the petitioner, on 22.8.2016 the following order was passed: 
"Put up this matter on 31.08.2016, by which date, the learned counsel for the petitioner will file a supplementary affidavit enclosing therewith documents to show as to what is the minimum eligibility required for a candidate to appear in the TET examination because the case of the petitioner is that his candidature has not been considered by the respondents because he had obtained TET pass certificate in the year 2011 even before he had qualified his BTC. 
In the meantime, Sri Mangla Prasad Rai, who appears on behalf of the Basic Shiksha Adhikari, shall also seek instructions as to why the TET certificate obtained by the petitioner in the year 2011 before passing his BTC course was not considered as a valid qualification" 
Today, when the matter was listed, the learned counsel for the respondents 3 and 5 stated that he has not been able to obtain the instructions. 
However, learned counsel for the petitioner filed a supplementary affidavit annexing therewith copy of notifications dated 7.9.2011 and 4.10.2011. By inviting attention of the Court to those Government Notifications dated 7.9.2011 and 4.10.2011, it has been submitted even a candidate who had passed his graduation and had done one year B.Ed. course, was eligible to appear in the TET examination and it was not mandatory that he had to be BTC pass to appear in the TET examination of the year 2011. It has been submitted that the petitioner had passed his graduation with over 50% marks in the year 2008 and he had passed his B.Ed. examination in the year 2009 and, therefore, under the Government Notification, he was eligible to appear in the TET examination 2011. It has been submitted that while rejecting the candidature of the petitioner, the respondent no. 5 has not taken into consideration that the petitioner was eligible to appear in the TET examination 2011 in view of Government Notifications dated 7.9.2011 and 4.10.2011. 
Learned counsel for the respondents have submitted that this petition may be disposed of by requiring the 5th respondent to consider the Government notifications cited by the petitioner and thereafter pass order in respect of the candidature of the petitioner. 
In view of above, the writ petition is disposed of with liberty to the petitioner to file a comprehensive representation before the District Basic Education Officer, Sonbhadra (5th respondent) annexing therewith all his eligibility related testimonials including the Government Notifications dated 7.9.2011 and 4.10.2011 which have been filed along with supplementary affidavit today. In case any such representation is filed along with certified copy of this order within 10 days from today before the 5th respondent, the 5th respondent shall proceed to pass appropriate order in respect of the candidature of the petitioner, after considering the material placed before him by the petitioner as also by referring to any other notification or order which may be operating in the field concerned, preferably within a period of four weeks from the date of filing such representation. It goes without saying that if the petitioner's candidature is found to be in order then necessary consequential order shall be passed. 
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. The aforesaid exercise shall be completed strictly in accordance with law after verifying the facts from the record. 
Order Date :- 31.8.2016 
Arvind 




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