Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Writ Filed by Shalini Gangwar regarding age relaxation in Upper Primary School Teacher Recruitment

Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Writ Filed by Shalini Gangwar regarding age relaxation in Upper Primary School Teacher Recruitment

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?Court No. - 1 

Case :- WRIT - A No. - 51783 of 2013 

Petitioner :- Shalini Gangwar 

Respondent :- State Of U.P.& 2 Ors. 

Counsel for Petitioner :- Manish Goyal,Ved Mani Tiwari 

Counsel for Respondent :- C.S.C.,Sunil Kumar Singh 

Hon'ble V.K. Shukla,J. 

On the matter being taken up today, Sri Manish Goyal, Advocate has submitted that applications are being invited for making selection and appointment on the post Assistant Teacher in the subject of Science and Math and his submission is that said selection has to be undertaken in consonance with the provision as contained under U.P. Basic Education (Teachers) Service Rules, 1981. It has also been stated that policy decision has been circulated on 11.07.2013 and same� also refers to U.P. Basic Education (Teachers) Service Rules 1981 as amended up till today and therein age in question has been prescribed as it should be on 01.07.2013 relaxation has been� minimum age of 21 years and maximum age of 35 years has been prescribed, and threrein various contingencies accorded to the respective incumbents belonging to their respective category. Petitioner submits that at the said point of time when age relaxation has been accorded same provisions ought to have been provided as has been provided under the III proviso to Rule 6 of the Rules 1981 wherein it has been specifically been provided that where after successful completion of a course of training prescribed for teachers of basic Schools, a candidate could not get appointment due to non availability of vacancy in the district, the period he has remained un-appointed shall not be counted for the calculation of his age, if he has not attained the age of more than fifty years on the date of appointment. Once such benefit has been extended by the statutory rules then same cannot be curtailed by the Government Order dated 11.07.2013. 

Let necessary instructions be obtained by Learned Standing counsel as well as learned counsel representing Board of Basic Education by the next date fixed. 

Put up this matter on 25.09.2013 in the computer list. 

Order Date :- 20.9.2013