Upper Primary Teacher Recruitment UP/ Allahabad Highcourt : Writ Regarding Quality Points in Upper Primary Teacher Selection
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 51486 of 2013
Petitioner :- Alok Kumar Yadav And 2 Ors.
Respondent :- State Of U.P.& 5 Ors.
Counsel for Petitioner :- Alok Kumar Yadav
Counsel for Respondent :- C.S.C.,B.P.Singh,Deo Dayal,R.A.Akhtar
Hon'ble V.K. Shukla,J.
Learned Standing Counsel has accepted notice on behalf of the respondent no.1 and Sri B.P. Singh, Advocate has accepted notice on behalf of the respondent nos. 2 to 5. and Sri R.A. Akhtar, Advocate has accepted notice on behalf of the respondent no.6.
Each one of the respondent is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List on 11.11.2013.
In the present case, petitioners are assailing the validity of Rule in question to the effect and extent, it proceeds to award marks in lieu of training qualification. Petitioners' submission is that under Appendix-12 of Rule 14 (3) of U.P. Basic Education Teacher (Service) Rules,1981, in lieu of Ist, IInd and IIIrd Division, in theory and practical different set of marks has been provided for i.e. in case incumbent has passed his B.Ed Examination in Ist Division, then he is entitled for 12 marks in theory and 12 marks in Practical. In case incumbent has passed his B.Ed Examination in IInd Division, then he is entitled for 6 marks in theory and 6 marks in Practical and� similarly if incumbent has passed his B.Ed Examination in IIIrd Division, then he is entitled for 3 marks in theory and 3 marks in Practical. Petitioners' submission is that in the State of U.P. there are various Universities established and in the said University in question, different parameters have been provided for awarding marks in Ist, IInd and IIIrd Division. Petitioners submission is that oince� Universities have fixed different parameter for awarding in Ist, IInd and IIIrd Division, then candidates who have pursued their course from the Universities, wherein higher percentage� has been� provided for higher division, would be� in disadvantageous situation. Petitioners have tried to� demonstrate before this Court, the parameters� fixed� by different Universities for awarding division in paragraph 10.
In view of this, petitioners submit that said criteria� on the face of it is arbitrary and unreasonable� and criteria has been provided to compute marks in lieu of academic qualification� ought to have been adhered for bringing the� candidates on common equal pedestal.
Prima facie looking into the arguments advanced all the respondents are directed to file counter affidavit within one month. Rejoinder affidavit may be filed within two weeks. It is made clear that selection and appointment be� made,� but same shall abide by final order to be passed by this Court.
Order Date :- 20.9.2013
T.S.
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2812371
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