Appearing Candidate of UPTET 2013(Future Exam) Demand Provisional Selection in 72825 Teacher Rectt. Advt. and request that later s/he will clear UPTET 2013 Exam

Appearing Candidate of UPTET 2013(Future Exam) Demand Provisional Selection in 72825 Teacher Rectt. Advt. and request that later s/he will clear UPTET 2013 Exam

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 20

Case :- MISC. SINGLE No. - 7492 of 2012

Petitioner :- Umesh Kumar Verma
Respondent :- State Of U.P. Thru Secy. Basic Education U.P. & 5 Others
Petitioner Counsel :- Vinay Misra
Respondent Counsel :- C.S.C.,Illigible,M.M. Asthana

Hon'ble Devendra Kumar Arora,J.
Notices on behalf of opposite parties no. 1,3 and 4 have been accepted by learned Chief Standing Counsel, Shri Manish Mishra, Advocate has accepted notice on behalf of opposite parties no. 2 and 5, while Shri M.M. Asthana, Advocate has accepted notice on behalf of opposite party no. 6.
By means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for commanding the opposite parties to permit the petitioner to apply for the post of trainee teacher so advertised in pursuance of the government order dated 05.12.2012 by ignoring the requirement of TET (Teachers Eligibility Test) certificate for the time being and instead permitting the petitioners to obtain the same when the test is held in January, 2013, in the interest of justice. Petitioner is further seeking a writ in the nature of mandamus for commanding the opposite parties to permit the petitioner to provisionally appear in the counseling after his form is accepted and considered and training may only be imparted to him once he clear the TET exam, which is scheduled to be held in January, 2013. 
After arguing at some length, learned counsel for the petitioner submitted that petitioner has already approached the Secretary, Basic Education, Government of U.P., Lucknow by means of representation dated 15.12.2012 (Annexure no. 5 to the writ petition) and confines his prayer that direction may be issued to the Secretary, Basic Education, U.P. to consider and decide the representation of the petitioner within time frame fixed by this Court.
Learned counsel for the opposite parties have no objection to the prayer of learned counsel for the petitioner.
Taking into consideration the innocuous prayer of learned counsel for the petitioner, without entering into the merits of the case, the present writ petition is disposed of with a direction to Secretary, Basic Education, Government of U.P., Lucknow to consider and decide the representation dated 15.12.2012 of the petitioner (Annexure no. 5 to the writ petition) in accordance with law within a period of one month from the date of receipt of a certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of.
Order Date :- 21.12.2012
Suresh/


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2277706