UPTET : Allahabd Highcourt Next
Hearing Will be Today on 21st December 2012
May be case will be finalized today -
See Case Details : -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 65811 of 2012
Petitioner :- Ashish Mishra
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,Pankaj Kumar Singh
Hon'ble Arun Tandon,J.
Connect with Civil Misc. Writ Petition No. 39674 of 2012 and Civil
Misc. Writ Petition No. 65444 of 2012.
Learned Standing Counsel prays for and is granted time upto 9th
January, 2012 to file counter affidavit.
One of the contention raised on behalf of the petitioner is that
the fixation of minimum and outer age limit under the fresh advertisement will
render certain candidates, who were earlier eligible and who had applied in
pursuance to the advertisement published on 30th November, 2011 stand
disqualified.
It is stated that the State Government on its own had dropped the
selection proceedings in terms of the advertisement dated 30th November,
2011.
It is further pointed out that under Rule-6, insofar as it
pertains to trainee teachers, the power to determine the upper age limit only
has been conferred upon the State Government. The determination of the minimum
age at 21 years and 40 years as on 1st July, 2012 is illegal. Lastly, it is
submitted� that under fresh advertisement, every candidate
is now required to furnish bank draft for a sum of 500/- for each district qua
which he makes the application. Meaning thereby that if a person applies� for all 75 districts, he will be required to pay to the State
Government a total sum of Rs. 37,500/-.
According to the petitioner, earlier
the State Government had� charged a fee� of Rs.500/-� for applying in any number of districts. It is their case
that the fixation of fee at Rs. 500/- per district is arbitrary and exorbitant
especially,� having
regard to the fact that the petitioners are unemployed educated youth. It is
their case that the State Government cannot be permitted to make a profit out
of this fee to be collected,� at best it can recover the amount, which is� spent
for evaluating the applications and computation of the merit.
It is has been pointed out to the Court that
last date for submission of application in pursuance to the fresh advertisement
is 31st December, 2012. The applications are to be made online. Therefore,
unless the conditions prescribed are satisfied, online applications shall be
rejected.
The Court is to close for winter vacations
tomorrow and it is not possible to adjudicate upon all the issues raised, in
absence of a counter affidavit being filed by the State Government.
Some interim arrangement is therefore required
to be made. For� the purpose, Sri Neeraj Upadhayaya,� learned
Additional Chief Standing Counsel may obtain instruction from the State by
tomorrow i.e. 21st December, 2012.
Put up this matter tomorrow i.e. 21st December,
2012.
(Arun Tandon, J.)
Order Date :- 20.12.2012
Sushil/-
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Primary school teaching up board par adharit hai aur sarkar ki niti se up board ke hi baccho ka sabse jyada nuksan hone wala hai, jaha ek taraf sarkar kanya vidya dhan yojana chala rahi wahi dusari taraf isane TET me women reservation samapt kar diya,
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ReplyDeleteHIGH COURT OF JUDICATURE AT
ReplyDeleteALLAHABAD ?Court No. - 38
Case :- WRIT - A No. - 65811 of
2012
Petitioner :- Ashish Mishra
Respondent :- State Of U.P. &
Others Petitioner Counsel :- Siddharth
Khare,Ashok Khare
Respondent Counsel :-
C.S.C.,Pankaj Kumar Singh Hon'ble Arun Tandon,J.
Learned Standing Counsel may
file reply enclosing the letter of
the NCTE, if any, approving of the
six months' basic training
course. Heard learned counsel for the
parties.
Mr. Neeraj Upadhyay, Advocate,
has produced the letter of the
State Government dated
20.12.2012 wherein it has been mentioned that the State
Government has taken a
conscious decision in the matter
of charging of fee at the rate of
Rs. 500/- per district as well as in
the matter of determination of minimum and maximum age.
Meaning thereby that the State
Government is not in a position
to dilute any of the said
conditions as on date.
Having regard to the order passed by this Court on
20.12.2012, the fact that the last
date for submission of the
application is 31.12.2012 and
that the Court shall close
tomorrow i.e. 22.12.2012 till 2.1.2013 for winter break, it has
become necessary for this Court
to make the following interim
arrangement:
All those candidates who had
submitted their application in respect of the various districts in
response to advertisement dated
30.11.2011, may file their
application in response to the
current advertisement dated
7.12.2012 by speed post without enclosing any bank draft
addressed to the Director, State
Educational Research and
Training Council, Lucknow on or
before 31.12.2012 in the
proforma prescribed by speed post. The candidate shall disclose
all necessary information as per
the format provided for on the
web site in respect of the current
selections. They shall also
specifically indicate the number of districts with their names for
which they had submitted the
application earlier in response to
the advertisement of 2011.
The Director, State Educational
Research and Training Council, Lucknow shall accept all these
applications and shall maintain a
record in respect of each of the
candidates along with the
districts applied for. The issue as
to whether these applications be considered along with the other
applications received on-line in
response to the advertisement in
question dated 07.12.2012 shall
be adjudicated on the next date.
It is made clear that if any petitioner/candidate wants to
make an application in respect of
any other districts for which he
had not applied in response to
the advertisement of 2011 he is
at liberty to do so after complying with all the
conditions mentioned in the
advertisement dated 7.12.2012.
To be precise, it is clarified that
the applications of all such
candidates who had applied in response to the advertisement of
2011 shall be considered only in
respect of the districts for which
they had applied earlier. They
have an independent right to
apply afresh in terms of the advertisement in question for
other districts.
List on 9.1.2013.
Order Date :- 21.12.2012
Puspendra
yhi order h aaj ka,
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Thank you
Adv Saurabh Trivedi