UPTET SARKARI NAUKRI News - One More Case Against Shiksha Mitra Bunched, will be heard before Chief Justice Full Bench -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 44871 of 2015
Petitioner :- Anjali Singh
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Kuwar Ritesh Kumar
Counsel for Respondent :- C.S.C.,R.B. Pradhan
Hon'ble Mrs. Sunita Agarwal,J.
The question in the present writ petition is as to whether the petitioner who has been appointed on the post of Assistant Teacher being Shiksha Mitra without passing TET examination as per N.C.T. E. Rules, is the subject matter of consideration before this court.
In the Civil Appeal Nos. 4347-4375 of 2014(State of U.P. & others Vs. Shiv Kumar Pathak and connected with batch of other appeal. After hearing interlouctory application filed by Shiksha Mitra working on the post of Assistant Teacher in the State of U.P., the Apex Court has passed the following order:-
"I.A. Nos. 2 & 3 in Writ Petition (Civil ) No. 167 of 2015.
Mr. Anand Nandan, learned counsel the applicant, has submitted that Shiksha Mitra who have not passed the Teachers Eligibility Test (TET) have been appointed a teachers in schools contrary to the guidelines issued by the NCTE and also contrary to the Rules framed by the State. He has drawn our attention to the letter No. 2253/79-5-2014-282/98 dated 19th June, 2014 issued by the Secretary, Basic Education, Government of U.P. On a scrutiny of the same, we find that there is no mention of passing of the eligibility test. However there is a direction for appointment of Shiksha Mitras in the post of Assistant Teachers in schools being run by the U.P. Basic Education Council.
The learned counsel for the State shall file an affidavit in respect of the said letter within ten days hence. The affidavit shall contain the details as to how many Shiksha Mitras have been appointed without passing the TET.
The Secretary and the Special Secretary of the Basic Education, Government of U.P. shall remain personally present at 2 P.M. on 27.7.2015 failing which, they will be liable for contempt of this Court. Needless to emphasis, the State Government shall not appoint any Shiksha Mitras, who have not qualified in the TET on the post of the Assistant Teacher.
It is submitted by Mr. K.K. Venugopal, learned senior counsel appearing for the Association of Shiksha Mitra that there is no requirement on their part to appear in the entrance examination, as per the rules framed by the N.C.T.E. Mr. Amit Sibal, learned Senior Counsel, would contend that N.C.T.E. rules and certain amendments exempt the Shiksha Mitra from appearing in the examination.
The aforesaid submissions have been countered by Mr. Anand Nandan, learned counsel appearing for the applicants in the interlocutory applications and other counsel appearing for the persons who have qualified in the Teachers Eligibility Test(TET).
At this juncture , we have been apprised at the Bar that number of cases are pending in the High Court of Allahabad pertaining to the appointment of Shiksha Mitras. We have also been apprised that some writ petitions are pending at Allahabad and some are pending at Lucknow Bench of the High Court.
Regard being had to the aforesaid submission, we think it appropriate that all the matters pending before the High Court relating to Shiksha Mitras shall be heard by a Full Bench at Allahabad. We would request the Chief Justice of the High Court of Allahabad to constitute a Bench and preside over the Bench. The writ petitions which are pending before the Lucknow Bench of the High Court shall be transferred to Allahabad so that there can be singular judgement. We would request the Chief Justice to dispose of all the writ petitions after transferring them, within two months."
Learned counsel for the petitioner is pressing for the interim order on the plea that the Full Bench has not been constituted. In view of the orders of the Apex Court this court is not inclined to pass an interim order.
Let the writ petition be placed before the Full Bench as soon as it is constituted.
Order Date :- 25.8.2015
Atul kr. sri.
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?Court No. - 30
Case :- WRIT - A No. - 44871 of 2015
Petitioner :- Anjali Singh
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Kuwar Ritesh Kumar
Counsel for Respondent :- C.S.C.,R.B. Pradhan
Hon'ble Mrs. Sunita Agarwal,J.
The question in the present writ petition is as to whether the petitioner who has been appointed on the post of Assistant Teacher being Shiksha Mitra without passing TET examination as per N.C.T. E. Rules, is the subject matter of consideration before this court.
In the Civil Appeal Nos. 4347-4375 of 2014(State of U.P. & others Vs. Shiv Kumar Pathak and connected with batch of other appeal. After hearing interlouctory application filed by Shiksha Mitra working on the post of Assistant Teacher in the State of U.P., the Apex Court has passed the following order:-
"I.A. Nos. 2 & 3 in Writ Petition (Civil ) No. 167 of 2015.
Mr. Anand Nandan, learned counsel the applicant, has submitted that Shiksha Mitra who have not passed the Teachers Eligibility Test (TET) have been appointed a teachers in schools contrary to the guidelines issued by the NCTE and also contrary to the Rules framed by the State. He has drawn our attention to the letter No. 2253/79-5-2014-282/98 dated 19th June, 2014 issued by the Secretary, Basic Education, Government of U.P. On a scrutiny of the same, we find that there is no mention of passing of the eligibility test. However there is a direction for appointment of Shiksha Mitras in the post of Assistant Teachers in schools being run by the U.P. Basic Education Council.
The learned counsel for the State shall file an affidavit in respect of the said letter within ten days hence. The affidavit shall contain the details as to how many Shiksha Mitras have been appointed without passing the TET.
The Secretary and the Special Secretary of the Basic Education, Government of U.P. shall remain personally present at 2 P.M. on 27.7.2015 failing which, they will be liable for contempt of this Court. Needless to emphasis, the State Government shall not appoint any Shiksha Mitras, who have not qualified in the TET on the post of the Assistant Teacher.
It is submitted by Mr. K.K. Venugopal, learned senior counsel appearing for the Association of Shiksha Mitra that there is no requirement on their part to appear in the entrance examination, as per the rules framed by the N.C.T.E. Mr. Amit Sibal, learned Senior Counsel, would contend that N.C.T.E. rules and certain amendments exempt the Shiksha Mitra from appearing in the examination.
The aforesaid submissions have been countered by Mr. Anand Nandan, learned counsel appearing for the applicants in the interlocutory applications and other counsel appearing for the persons who have qualified in the Teachers Eligibility Test(TET).
At this juncture , we have been apprised at the Bar that number of cases are pending in the High Court of Allahabad pertaining to the appointment of Shiksha Mitras. We have also been apprised that some writ petitions are pending at Allahabad and some are pending at Lucknow Bench of the High Court.
Regard being had to the aforesaid submission, we think it appropriate that all the matters pending before the High Court relating to Shiksha Mitras shall be heard by a Full Bench at Allahabad. We would request the Chief Justice of the High Court of Allahabad to constitute a Bench and preside over the Bench. The writ petitions which are pending before the Lucknow Bench of the High Court shall be transferred to Allahabad so that there can be singular judgement. We would request the Chief Justice to dispose of all the writ petitions after transferring them, within two months."
Learned counsel for the petitioner is pressing for the interim order on the plea that the Full Bench has not been constituted. In view of the orders of the Apex Court this court is not inclined to pass an interim order.
Let the writ petition be placed before the Full Bench as soon as it is constituted.
Order Date :- 25.8.2015
Atul kr. sri.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
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