UPTET : Allahabad Highcourt Double Bench Pass an Order to Single Bench / Judge to Vacate / Finalize is Decision on 9th April 2012

UPTET : Allahabad Highcourt Double Bench Pass an Order to Single Bench / Judge to Vacate / Finalize is Decision on 9th April 2012

Additionally it siggests advertisement is NOT errorneous and technically it is correct.
It means hopefully stay on Primary Teacher recruitments will vacated from Allahabad Highcourt.
See Case Details
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DOUBLE BENCH TODAY JUDGEMENT:-
HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- SPECIAL APPEAL DEFECTIVE No. - 280 of 2012
Petitioner :- Lalit Mohan Singh And Anr.
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,Illigible,K.S. Kushwaha
Hon'ble Yatindra Singh,J.
Hon'ble B. Amit Sthalekar,J.
1. An advertisement for selection of Apprentice Teachers was published on 30.11.2011 in the primary school run by UP Basic Education Board (the Board). The Apprentice teachers are to be engaged in all districts and this advertisement was on behalf of all District Basic Education Officers of the State of UP.
2. WP No. 76039 of 2011 has been filed challenging the advertisement. The single Judge has passed an order on 4.1.2012 staying the selection and appointment in pursuance of the advertisement. Hence the present appeal by the two appellants, who claim themselves to be the applicants in the advertisement alongwith application to grant leave to file appeal.
3. Considering the facts that the appellants are also applicants in the selection of Apprentice Teachers, the leave is granted. The respondents have no objection to condone the delay in filing the appeal. The delay is condoned and it is heard for admission.
4. The counsel for the appellant submits that:
By the advertisement, 72825 posts have been advertised. This writ petition is on behalf of only one person and it is not proper to grant interim order in this case; The selection process ought not to have been stayed by the single Judge but the single Judge should have permitted the selection process to go on and the selection might have been made subject to decision in the writ petition;
The reason for grant of stay order was that advertisement was on behalf of District Basic Education Officers of the State. This is not erroneous because the District Basic Education Officers are the appointing authority and one advertisement can always be issued on their behalf together;
The publication of one advertisement is practical and better way of selecting candidates in the entire district. 5. The counsel for the petitioner-respondent states that:
Apart from this writ petition there were other writ petitions that should have been connected with this one; There is no interim order in those cases, but it is not correct to say that only one person is challenging the selection.
6. It is not disputed between the parties that counter and rejoinder affidavits have been exchanged in the writ petition and the writ petition itself is listed before the single Judge for final disposal in the week commencing 9.4.2012. Considering the facts that the number of persons are to be employed, it would be appropriate that the single Judge might consider finally deciding the writ petition at the earliest.
7. With the aforesaid observations, the special appeal is dismissed. Order Date :- 6.4.2012
SK Singh

Source : http://elegalix2.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1781025