Friday, December 21, 2012

UPTET : Allahabd Highcourt Next Hearing Will be Today on 21st December 2012


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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12 comments:

  1. 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,

    ReplyDelete
  2. nakalchiyo ko barava dekar vote ki rajniti ki ja rahi, sahi nyay ho kisko pari hai

    ReplyDelete
  3. Ab dimpal yadav kya kar rhi hi hamne es leys hi jitaya ki women ka reservation hi samapat kar dya vase to women
    ko age badane ki bat karte ha c.m shab ji ki wife ko esliya jitaya ki womens ko badawa mele lekin ulta ho rha ha womens ko es teachers barti sabse jyada nuksan ha s

    ReplyDelete
  4. Allhabad Highcourt ka order aa gya h, adhik jankari k liye is no pe call kriye 9335843563

    ReplyDelete
  5. mai Saurabh Trivedi Advocate in High Court.

    High Court ka order aa gya h adhik jankari k liye is no pe call kriye 9335843563

    ReplyDelete
  6. ek challan valid h next date 9 jan h.court ka order sham tk a jayega

    ReplyDelete
  7. tumhare muh me ghee shakkar zarreen ji kash aisa hi ho

    ReplyDelete
  8. Kya ab ek chalan se sabhi dst. Me form bhara ja skata hai? Plz bataye.

    ReplyDelete
  9. 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.
    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

    ReplyDelete
  10. yhi order h aaj ka,
    Ab mujhe phone na kre ise hi pdh k smjh le..
    Thank you
    Adv Saurabh Trivedi

    ReplyDelete

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