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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 21317 of 2014
Petitioner :- Ankur Madhukar And 4 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Sunil Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Heard learned counsel for the parties.
The petitioners claim to have done their post graduation in
one of the subjects which was a part of their post graduation degree. This
Court in the case of Ravindra Babu Shriwas and Others versus State of U.P. and
others (Writ Petition No.6333 of 2013) vide injunction order dated 8.2.2013 and
05.03.2013 had restrained appointment of the candidates who had obtained post
graduation in a subject which was not part of their co-curriculum in graduation
degree. Pursuant to the said order passed in the case of Ravindra Babu Shriwas
the Director of Education (Secondary) completely stopped the appointments of
all candidates. Lateron large number of candidates who had obtained their post
graduation in one of the subjects which was part of their gradation degree
approached this Court whereupon the matter was clarified and the Director was
directed to pass appropriate orders after verifying educational degrees of such
candidates claiming to have done their post graduation in one of the subjects
which was part of their graduation course.
In the present case also it has been stated in paragraphs 9
to 12 that all the five petitioners have obtained post graduation degrees in a
subject which was one of the subjects in their graduation course as such would
not be covered by injunction granted in the case of Ravindra Babu Shriwas.
Considering the facts and circumstances of the case this
petition is disposed of with a direction to the respondent no.2, Director of
Education (Secondary) to take an appropriate decision on the claim of the
petitioners which they may submit alongwith relevant supporting material and
certified copy of this order, within a period of four weeks from the date of
filing of such representation and certified copy of this order. decree.
Order Date :- 15.4.2014
RPS
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=323893
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 19018 of 2014
Petitioner :- Mohit Kumar And 3 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Sunil Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Shri Sunil Kumar Singh, learned counsel for the petitioners and the learned standing counsel for the respondents.
According
to the petitioners, petitioner no. 1 has done his Graduation in Maths
and Chemistry and Post Graduation In Chemistry, petitioner no. 2 has
done is Graduation in Maths and Chemistry and Post Graduation in
Physics, petitioner no. 3 has done his Graduation in Maths and Chemistry
and Post Graduation in Physics and petitioner no. 4 has done his
Graduation in Economics and Medieval History and Post Graduate in
Medieval History.
The contention of the petitioner is that for
appointment on the post of Trained Graduate Teacher the requirement is
to have Graduation and Post Graduation in the same subject. This has
been held by this Court also in two writ petitions being W.P. No. 24579
of 2013, Devendra Singh Vs. State of U.P. and others and W.P. No. 6333
of 2013, Ravindra Babu Shriwas and others Vs. State of U.P. and others.
There was no restrait order and whatever restrait there was, was only in
respect of candidates who had obtained Post Graduation in a subject
other than the one in which they had� done their Graduation. This legal
position was further reiterated by the Court in W.P. No. 59120 of 2009
Devendra Singh and two others Vs. State of U.P. and others. From the
averments in paragraphs 9, 10, 11 and 12 of the writ petition it is
noticed that the petitioners no. 1 and 4 have done their Graduation and
Post Graduation in the same subject. Whereas the petitioner no. 2 and 3
have done their Graduation and Post Graduation in different subjects.
Shri
Sunil Kumar Singh, learned counsel for the petitioners submits that the
petitioner no. 2 and 3 have also done Graduation and Post Graduation in
the same subject or at least one of the subject in which they have done
their Graduation which have been left out due to misprint in the writ
petition.
In this view of the matter without expressing any opinion
on the merits of the case, this writ petition is disposed of with a
direction to the respondent no. 2-Director of Education (Secondary)
Government of U.P. Lucknow to consider the claim of the petitioners for
appointment as Trained Graduate Teachers after carefully examining their
Graduation and Post Graduation Degrees.� This exercise shall be
completed by the respondent no. 2 within a period of two months from the
date a certified copy of this order is received in his office.
Order Date :- 4.4.2014
o.k.
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3222707
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 19018 of 2014
Petitioner :- Mohit Kumar And 3 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Sunil Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Shri Sunil Kumar Singh, learned counsel for the petitioners and the learned standing counsel for the respondents.
According
to the petitioners, petitioner no. 1 has done his Graduation in Maths
and Chemistry and Post Graduation In Chemistry, petitioner no. 2 has
done is Graduation in Maths and Chemistry and Post Graduation in
Physics, petitioner no. 3 has done his Graduation in Maths and Chemistry
and Post Graduation in Physics and petitioner no. 4 has done his
Graduation in Economics and Medieval History and Post Graduate in
Medieval History.
The contention of the petitioner is that for
appointment on the post of Trained Graduate Teacher the requirement is
to have Graduation and Post Graduation in the same subject. This has
been held by this Court also in two writ petitions being W.P. No. 24579
of 2013, Devendra Singh Vs. State of U.P. and others and W.P. No. 6333
of 2013, Ravindra Babu Shriwas and others Vs. State of U.P. and others.
There was no restrait order and whatever restrait there was, was only in
respect of candidates who had obtained Post Graduation in a subject
other than the one in which they had� done their Graduation. This legal
position was further reiterated by the Court in W.P. No. 59120 of 2009
Devendra Singh and two others Vs. State of U.P. and others. From the
averments in paragraphs 9, 10, 11 and 12 of the writ petition it is
noticed that the petitioners no. 1 and 4 have done their Graduation and
Post Graduation in the same subject. Whereas the petitioner no. 2 and 3
have done their Graduation and Post Graduation in different subjects.
Shri
Sunil Kumar Singh, learned counsel for the petitioners submits that the
petitioner no. 2 and 3 have also done Graduation and Post Graduation in
the same subject or at least one of the subject in which they have done
their Graduation which have been left out due to misprint in the writ
petition.
In this view of the matter without expressing any opinion
on the merits of the case, this writ petition is disposed of with a
direction to the respondent no. 2-Director of Education (Secondary)
Government of U.P. Lucknow to consider the claim of the petitioners for
appointment as Trained Graduate Teachers after carefully examining their
Graduation and Post Graduation Degrees.� This exercise shall be
completed by the respondent no. 2 within a period of two months from the
date a certified copy of this order is received in his office.
Order Date :- 4.4.2014
o.k.
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3222707
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Case :- WRIT - A No. - 71082 of 2013
Petitioner :- Ravindra Anand
Respondent :- State Of U.P. Thru Secy. And 9 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Sri Navin Kumar Sharma, learned counsel for the petitioner
states that the controversy in the present case is identical to that of Writ
Petition No.6333 of 2013 (Ravindra Babu Shriwas & Ors. Vs. State of U.P.
& Anr.) and other connected writ petitions.
Learned Standing Counsel�
prays for and is granted four weeks' time for filing counter affidavit.
List after four weeks alongwith the record of Writ Petition
No.6333 of 2013.
Order Date :- 2.1.2014
N Tiwari
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3012758
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