Upper Primary Teacher Recruitment UP : Promotion in Junior High School Teacher Related Matter in Allahabad High Court and Challenging Advertisement for 29334 Posts Published By Basic Education Dept.

Upper Primary Teacher Recruitment UP : Promotion in Junior High School Teacher Related Matter in Allahabad High Court and Challenging Advertisement for 29334  Posts Published By Basic Education Dept.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 52521 of 2013
Petitioner :- Neelam Kumari Gautam
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Kshetresh Chnadra Shukla
Counsel for Respondent :- C.S.C., A.K.Yadav
With
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
And
Case :- WRIT - A No. - 55925 of 2013
Petitioner :- Shailendra Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Radha Kant Ojha,Shailesh Upadhyay
Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad

Hon'ble Vikram Nath,J.
These three writ petitions have challenged the Government Order dated 11.7.2013, issued by the Principal Secretary, Basic Education, filed as Annexure-1 to the writ petition. By the said order the Government has taken a decision to fill up 29,334 vacant posts of Assistant Teachers of Science and Mathematics stream in Junior High Schools, managed and controlled by the Basic Education Board. The said Government Order further provides the procedure for making the selection to the said posts.
Writ Petition No.52521 of 2013 has been filed by a prospective candidate, who claims to possess the educational and other eligibility qualifications for being appointed as Assistant Teacher in a Junior High School in the Arts stream. According to learned counsel for the petitioner there is no separate gradation or cadre with regard to the Assistant Teachers of Junior High Schools of the Art or Science or Mathematics stream, the cadre is one and the same and, therefore, if the selections is made only for Science and Mathematics stream, the candidates who are eligible for other stream are put to loss. The following questions have been framed by learned counsel for the petitioner for consideration in the said writ petition :
(1) Whether the Government Order dated 11.7.2013 (Annexure No.1 to the writ petition) is against the Rules 15 and 17-A of the U.P. Basic Education (Teachers) Service Rules, 1981 ?
(2) Whether the State Govt. has committed illegality in issuing direction to Basic Education Authorities for filling up the vacancies of Assistant Teachers in Upper Primary School (Class 6 to 8) only for Science and Maths teaching subjects ignoring other teaching subjects while the Govt. has taken examination of Teachers Eligibility Test (T.E.T.) for all kind of teaching subjects candidates ?
Writ Petition Nos.50787 and 55925 of 2013 have been filed by the Assistant Teachers of Primary Institutions who claim to possess the qualifications and eligibility for being promoted as Assistant Teachers in Junior High Schools in Science and Mathematics stream. According to the petitioners the amendment in the Rules by providing for filling up 50% vacancies of Science and Mathematics stream by direct recruitment is detrimental to their interest inasmuch as their chance for promotion are drastically reduced. It is further their case that in so far as Assistant Teachers of Junior High Schools of the stream other than Science and Mathematics is concerned that is primarily Art stream the posts are to be filled up 100% by promotion and, therefore, Teachers in the same cadre as that of the petitioners working as Assistant Teachers in Primary Institutions but possessing qualifications for promotion as Assistant Teachers in Junior High Schools, Art stream would have better chance of promotion.
It is further case of the petitioners that although the relevant Rules provide for filling up the vacancies of Assistant Teachers in Junior High Schools in Science and Mathematics stream by direct recruitment but the same is subject to fulfillment of certain conditions and it is only when the Government comes to conclusion that either there is non-availability of Assistant Teachers in Primary Institutions for being promoted to the post of Assistant Teachers in Junior Hgh Schools in Science and Mathematics stream and there is need for such Teachers then open selection can be made to fill up such posts. He further submits that apparently no such exercise or decision has been undertaken by the State before amending the Rules for filling up 50% posts of Assistant Teachers of Junior High Schools in Science and Mathematics stream by direct recruitment.
Another submission raised by Sri R.K. Ojha, learned Senior Counsel for the petitioners in the aforesaid two writ petitions is that inclusion of the qualification of B.Ed. Degree is not in accordance to law inasmuch as the relevant Rules of 1981 applicable to the Junior High Schools, managed and controlled by the Basic Education Board does not provide B.Ed. as a necessary qualification as such by the Government Order such qualification cannot be inserted. This argument at the behest of the petitioners, who are already working as Assistant Teachers in Primary Schools, cannot be sustained. However, a candidate who may be interested in applying against the advertisement may raise such a point provided he fulfills all other qualifications other than B.Ed. As such this argument does not lie in the mouth of the petitioners in the present two writ petitions.
Sri A.K. Yadav, learned counsel appearing for the Basic Education Board and Sri S.C. Dwivedi, learned Additional Chief Standing Counsel appearing for the State-respondents may obtain complete instructions in the matter in the light of facts and grounds recorded above so that this matter may be finally thrashed out without causing any further interference in the selection process, which has already commenced.
In case instructions are not received by the next date from the Board and State Government, court will be left with no other option but to proceed to pass appropriate orders in the light of the submissions advanced.
Put up this case in the additional cause list on 30.10.2013. 
Copy of the order may be provided to Sri A.K. Yadav, learned counsel appearing for the Basic Education Board and Sri S.C. Dwivedi, learned Additional Chief Standing Counsel for the State-respondents free of cost within 24 hours for necessary compliance.
Order Date :- 23.10.2013
pk


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2877275