UPTET / Allahabad Highcourt Dismiss Petition for Separate Merit for Art / Science Category and said it is a policy decision of Government

UPTET / Allahabad Highcourt Dismiss Petition for Separate Merit for Art / Science Category and said it is a policy decision of Government

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 68599 of 2012 

Petitioner :- Rajesh Kumar Yadav And Another 

Respondent :- State Of U.P. & Others 

Petitioner Counsel :- Vinod Sinha,Manoj Kumar Dwivedi 

Respondent Counsel :- C.S.C.,Mrigraj Singh 

Hon'ble V.K. Shukla,J. 

Petitioners have approached this Court for issuing writ in the nature of certiorari quashing the Paragraph No. 10 (2) of the Government Order dated 05.12.2012 which treats all the post of Prasikshu Shikshak into one category (Annexure No. 6 to the writ petition). 

Petitioners submit that while proceeding to make selection on the post of Prasikshu Shikshak classification ought to have been made by dividing Prasikshu Shikshak in two categories i.e. in the category of Arts and in the category of Science to the extent of 50% each. Petitioners have submitted division of posts in Arts and Science category are relevant and there has been classification in the said direction and in view of this by treating all the posts as one, without any division of the posts into Arts and Science category the advertisement in question is bad. 

In pith and substance petitioners are questioning the validity of the policy decision, which has been so taken by the State Government under Government Order dated 5th December, 2012 wherein the State Government in its wisdom has not chosen to classify and divide the posts in Arts and Science category and to the contrary has proceeded to invite applications from all those candidates, who have passed the B.Ed. examination and has further passed the TET examination.� 

Once the State Government in its wisdom has chosen not to make any classification based on Arts category and Science category and has proceeded to make selection appointment on the post of Prasikshu Shikshak by treating them into once category, then this Court cannot come to rescue or reprieve of the petitioners, once same is in the realm of policy decision. 

Consequently, writ petition is dismissed. 

Order Date :- 3.1.2013 

Shekhar 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2284867

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