Upper Primary Teacher Recruitment UP, Allahabad Highcourt : Writ Regarding Age and Other Matter

Upper Primary Teacher Recruitment UP, Allahabad Highcourt : Writ Regarding Age and Other Matter

?Court No. - 24

Case :- WRIT - A No. - 51713 of 2013

Petitioner :- Divya Prakash Mishra And 23 Ors.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Shaivendra
Counsel for Respondent :- C.S.C.
Alongwith
Case :- WRIT - A No. - 52004 of 2013

Petitioner :- Umesh Kumar Singh And 7 Ors.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- A.K.Malviya
Counsel for Respondent :- C.S.C.
Alongwith
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
Alongwith
Case :- WRIT - A No. - 52027 of 2013

Petitioner :- Sanjay Kumar Srivastava
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Sadanand Mishra,Seemant Singh
Counsel for Respondent :- C.S.C.,Nisheeth Yadav

Hon'ble Pradeep Kumar Singh Baghel,J.
In the present batch of cases similar question of law is involved, therefore, the order passed hereunder will be applicable in all the writ petitions.
The petitioners are aggrieved by a notification issued by the State Government dated 11.07.2013, insofar as it prescribes the eligibility of the age. The petitioners are equipped with the minimum qualifications prescribed for appointment of Assistant Teacher in Senior Basic Schools run by the U.P. Basic Education Board.
On 20.09.2013,� Writ Petition No. 51783 of 2013 was heard by another Bench of this Court (Hon'ble Mr. Justice V.K. Shukla), on which date learned Standing Counsel as well as counsel representing the Board of Basic Education were� granted time to seek instructions. The order passed by His Lordship reads as under:-
"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."
Sri B.P. Singh, learned counsel for the Board of� Basic Education, on instructions, submits that the Board in its meeting dated 21.09.2013 has resolved to enhance the upper age limit from 35 years to 40 years. The said decision has been taken in the light of the amendment made by the State Government in the Uttar Pradesh Recruitment to Service (Age Limit) Rules, 1972, wherein by a notification dated 06.06.2012 Rule 2 of said Rules 1972 has been amended raising the upper age limit to 40 years for recruitment in all such services and posts, where rule making power is with the Governor. It is stated that the Board vide communication No. BSE/15/15479/2013-14 dated 23.09.2013 has sought the approval of the State Government for enhancement of upper age limit.
After careful consideration� of the facts and circumstances of the case, it is provided that applications of the petitioners, who are otherwise qualified, may be accepted by the Competent Authority, subject to the decision of the State Government.�
Learned counsel for the respondents are allowed four weeks' time to file counter affidavit. Rejoinder, if any, may be filed within ten days thereafter.�
The matter will be listed after six weeks.
Order Date :- 25.9.2013
Jaswant
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2822696
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?Court No. - 24

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 Pradeep Kumar Singh Baghel,J.
For order, see order of date passed in Writ-A No. 51713 of 2013.�
Order Date :- 25.9.2013
Jaswant

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?Court No. - 1 

Case :- WRIT - A No. - 50787 of 2013 

Petitioner :- Satya Prakash Singh And 4 Ors. 
Respondent :- State Of U.P.& 3 Ors. 
Counsel for Petitioner :- Shailesh Upadhyay,Radha Kant Ojha 
Counsel for Respondent :- C.S.C.,Sayed Nadeem Ahmad 

Hon'ble Vikram Nath,J. 
A request has been made by learned counsel for the petitioner as also Sri A. K. Yadav, Advocate, appearing on behalf of Basic Education Board to fix a date after Dusshera vacation. 
Learned counsel for the petitioner has pressed for interim protection as there is an apprehension that in the meantime appointments may be made. 
Accordingly, put-up this petition in the additional cause list on 22nd October, 2013. 
In the meantime, learned counsel for the respondents will complete their instructions and they will not seek any further adjournment. 
Order Date :- 11.10.2013 
SS


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2864574