UPTET / Allahabad Highcourt : BTC / VBTC Candidates Selection Through TET Matter

UPTET / Allahabad Highcourt : BTC / VBTC Candidates Selection Through TET Matter

I am looking for latest decision, if anybody have link then please provide it.
This case is of 2nd May 2012 Hearing : -


HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 33

Case :- WRIT - A No. - 76039 of 2011

Petitioner :- Yadav Kapildev Lal Bahadur
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Alok Kumar Yadav,Rajesh Yadav
Respondent Counsel :- C.S.C.,K.S. Kushwaha

Hon'ble Arun Tandon,J.
Matter has been heard at length.
The issue which needs clarification is as to whether the persons like the petitioners, who have already undergone B.T.C. Training and are graduate and have also cleared T.E.T., would further be required to be appointed as Teachers' Trainee in terms of the advertisement and the corrigendum issued on 02.12.2011 or else they would be appointed directly in Parishadiya Vidyalaya as Assistant Teachers, being possessed of all prescribed minimum qualification in terms of U.P. Basic Education Teachers Service Rules, 1981 or not. 
Sri K.S. Kushwaha, Standing Counsel seeks time to file an affidavit of the Secretary. 
Let him do so by the next date. 
List on 15.05.2012 along with Writ Petition No. 29 of 2012. 
Interim order to continue till then.
Order Date :- 2.5.2012
Pkb/


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1841708
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PRT Teacher Selection on Compassionate Ground


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 10

Case :- SERVICE SINGLE No. - 2096 of 2012

Petitioner :- Mohammad Abid
Respondent :- State Of U.P. Thru Its Secy. Basic Education & Others
Petitioner Counsel :- Ishraq Farooqui,Sandeep
Respondent Counsel :- C.S.C.,B.L. Verma

Hon'ble Devendra Kumar Upadhyaya,J.
Learned counsel for the petitioner prays for and is permitted to implead the Secretary Basic Shiksha Parisah, Allahabad as opposite party no.5.
In view of the aforesaid prayer being made, necessary incorporation in the array of opposite parties be made in the writ petition during course of the day.
Petitioner's mother, who was working as Headmistress in Purva Madhyamik Kanya Vidyalaya, Chinhat, Lucknow, unfortunately, passed away in the month of May, 2010. The petitioner applied for being given compassionate appointment on the post of Assistant Teacher. However, the said application has been rejected by Basic Shiksha Adhikari, Lucknow by means of the impugned order dated 11.11.2011 for the reason that as per the present prescription regarding eligibility for appointment on the post of Assistant Teacher a candidate should have qualified the Teachers Eligibility Test (in short TET). Since the petitioner has not cleared the said TET, it is not possible to appoint him as Assistant Teacher on compassionate grounds. 
Learned counsel for the petitioner has drawn attention of this Court on a government order dated 04.09.2000 wherein it has been provided that the dependents of the deceased employees working in the Institutions under Basic Shiksha Parishad can be given appointment against the post of Assistant Teacher or against any Class-III non-teaching posts under the Parishad on the basis of qualification. Since the petitioner, as per the impugned order passed by Basic Shiksha Adhikari dated 11.11.2011 cannot be appointed as Assistant Teacher, in terms of Clause-2 of the aforesaid government order dated 04.09.2000, his case will be considered for appointment on any Class-III posts under Basic Shiksha Parishad if the petitioner fulfills the requisite qualifications for the said post. In this regard, the petitioner is permitted to make a detailed representation to the Secretary, Basic Shiksha Parishad, Allahabad annexing therewith a copy of government order dated 04.09.2000 and other relevant orders applicable in case of compassionate appointment in relation to the institutions being managed and run by Basic Shiksha Parishad with a prayer to make appointment against any Class-III posts on compassionate grounds.
If such a representation is made by the petitioner within a period of ten days from today, the same shall be decided by a speaking and reasoned order by the Secretary, Basic Shiksha Parishad,� Allahabad within a further period of six weeks from the date a certified copy of this order along with representation is presented before him. While deciding the case of the petitioner for giving him compassionate appointment, the Secretary, Basic Shiksha Parishad, shall take into account all the relevant government orders and law applicable thereto including clause-3 of the government order dated 04.09.2000 (if it has not been superseded), which, inter alia, provides that in case of non-availability of post the appointment on compassionate ground shall be given against a supernumerary posts. 
With the aforesaid observations and directions, the writ petitions stands disposed of finally.
Order Date :- 4.5.2012
Akhilesh/-


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=W&judgmentID=1844500