BREAKING
NEWS : SECRATARY NE B. SC HOME SC etc ko JRT Bhrtee Mein Shamil Hone Ka
Aadesh Vaapas Liya, Kyunki Vhe Unke Adhikaar Kshetra Se Bahar Thaa, Ab
Uttar Pradesh Sarka / Competent Authority ko 1 Mahine Ke Andar
Professional B Sc Ag / B Sc Home Science Ko Bhrtee Mein Shamil Hone Par
Nirnay Lenaa Hai
Sachiv
Bhrtee Niyam Ke Shasnadesh Nikalne Ke Liye Saksham Adhikaree nahin The,
Isleeye B Sc Home Science, B Sc Ag Aadi Ko JRT Science Math Mein Shamil
Karne Vala G.O Unhone Vaapas Le Liyaa.
Saksham Adhikaree Rajya Sarkar Thee , Jiske Mutabik Pehle G.O Nikala Gayaa Thaa.
Ab
Rajya Sarkar Ko 1 Mahine ( 29 Jan 2015 Se ) Ke Andar Nirnay Lenaa Hai
ki B. Sc Home Science, BUMS, BHMS, B. Sc Ag , B Tech Aadi ko Science
Math JRT Teacher Mein Shamil Karen Kee Nahin.
SABSE PEHLE G.O AAYA B. SC PCM / ZBC KE LIYE,
BAAD MEIN B.A MATH VAALON KI WRIT PADEE, AUR ISKO DEKHTE HUE G.O MODIFY KAR DIYA -
GRADUATION IN SCIENCE / MATHS
USKE
BAAD ONLINE APPLY KE SAMAY SACHIV SANJAY SINHA JI NE EK ANNEXURE -3
JAAREE KIYA JISMEN B SC HOME SCIENCE, B SC AGRICULTURE, BCA, B TECH,
BUMS, BHMS AADI KO BHRTEE MEIN SHAMIL HONE KEE BAAT LIKHEE THEE, USKE
BAAD IS COURT ORDER MEIN LIKHA HAI KI - SACHIV SANJAY SINHA NE PROF. KO
BHRTEE MEIN IN KARNA VALA ANNEXURE-3 WITHDRAW KAR LIYA HAI, KYUNKI VHE
SHASNADESH ( GRADUATE IN SCIENCE MATHS VALA) KE VIRUDD THAA , SEE -
guidelines
contained in Annexure-3 to the writ petition were withdrawn by the
Secretary, Basic Education Board for the reason that the same was held
by the Court to be contrary to the Government Order dated 23.8.2013, as
is evident from the observations of this Court referred in Writ Petition
No.5348 (S/S) of 2013
See Court Order :
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 3
Case :- MISC. SINGLE No. - 148 of 2015
Petitioner :- Pooja Pandey
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Others
Counsel for Petitioner :- Aashish Srivastava
Counsel for Respondent :- C.S.C.,Jyoti Sikka
Hon'ble Rajan Roy,J.
None appears for the petitioner. Heard learned counsel for the opposite parties No.1,2 and 4.
The short question involved herein, is as to
whether
qualification of B.Sc. Agriculture or B.Sc. Home Science fulfills the
requirement of Graduation with either Science or Maths as prescribed by
the State Government vide Government Order dated 11.7.2013 as modified
on 23.8.2013, for the purpose of appointment to the post of Assistant
teacher Maths/Science or not?
The
contention of the petitioner, relying upon the pronouncement of this
Court in Niranjan Singh and others vs. State of U.P. And others reported
in 2005(1) ESC 354 Alld, is, that B.Sc. Agriculture and B.Sc. Home
Science fall within the Science category, therefore, there is no reason
as to why the petitioner who possesses the qualification of B.Sc. (Home
Science) should be excluded from zone of consideration for
counselling/appointment to the post in question
The
Niranjan Singh case (supra) refers to judgment dated 13.04.2004 passed
in W.P. No.32309 of 2003, Kripa Shankar Dubey v. State of U.P. And
others against which a special appeal bearing no. 975 of 2004 was filed
which was said to be pending at the relevant time. The said special
appeal has been decided and the judgment of the learned Single Judge in
Kripa Shankar Dubey's case has been affirmed. The same view has been
taken by another Division Bench while deciding a bunch of writ petitions
relating to special BTC Course 2004, leading writ petition no.2214 of
2004 decided on 23.12.2009.
Learned State Counsel further informs
the Court the clarification as contained in Annexure-3 to the writ
petition, being relied upon by the petitioner, wherein,
B.Sc.
(Agriculture) B.Sc. (Home Science) and B.A.M.S. And B.U.M.S. have been
held as included in the science category was, in fact, in the nature of
guidelines issued by the Secretary, U.P. Basic Education Board,
Allahabad and not by the State Government. As the said guideline was
contrary to the Government Order dated 11.7.2013 as modified on
23.8.2013 as such in view of the directions/observations of the Court
contained in the judgment dated 20.9.2013 passed in Writ Petition
No.5348 (S/S) of 2013, the said guidelines were withdrawn. In
this regard, he has placed before the Court the order dated 20.9.2013,
referred to hereinabove, as also the subsequent order dated 30.9.2013,
wherein, the
factum
of withdrawal of said guidelines has been recorded based on the
statement made by Shri Sanjay Sinha, Secretary, Basic Education Board,
U.P. Allahabad.
Based on the aforesaid letter,
learned State Counsel submits that the claim of the petitioner so far as
it is based on Annexure-3 to the writ petition, i.e., the guidelines is
not sustainable. He further submits that as far as the case of Niranjan
Singh is concerned, in that case as some of the seats pertaining to
Special B.T.C. 2004 remained vacant, as such it was decided to include
the candidates possessing qualification of B.Sc. (Agriculture) and B.Sc.
(Home Science) in the science category and the judgment in the said
case as upheld in Special Appeal has to be read and understood in the
said context, therefore, the same is not applicable in the instant case.
Be as it may, the fact remains that the
guidelines contained in Annexure-3 to the writ petition were withdrawn
by the Secretary, Basic Education Board for the reason that the same was
held by the Court to be contrary to the Government Order dated
23.8.2013, as is evident from the observations of this Court referred in
Writ Petition No.5348 (S/S) of 2013. There is no dispute that
it is the State Government which is the authority competent to
prescribe the requisite qualification for appointment to the post of
Assistant teacher Maths/Science subject of course to any provision
contained in any legislative enactment, Central or State, which may be
applicable in such matters. It is the State Government which has issued
the Government Orders dated 11.7.2013 and 23.8.2013, therefore,
it is for the State Government to look into the matter and take a
considered decision as to whether the qualification of B.Sc.
(Agriculture) and B.Sc. (Home Science) falls in the science category for
the purposes of counselling/appointment on the post of Assistant
teacher (Maths/Science) for the junior High School keeping in mind the
requirements of teaching said subjects and relevant enactments of the
legislature.
Till
date the State Government has not taken any such decision and none has
been placed before the Court. Therefore, it is necessary that it should
do so, so as to give a quietus to the entire controversy.
In
view of the aforesaid, the opposite party is directed to take a
considered decision in the matter in accordance with law within a period
of one month from the date a certified copy of this judgment is
produced before him. The
decision so taken shall be communicated to the petitioner herein
without further delay. Consequences shall follow accordingly. The
entitlement of the petitioner for being considered for
counselling/appointment on the post in question shall be dependent on
the decision so taken.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 29.1.2015
sc
UPTET 29334 Latest News In Hindi | Join UPTET
Uptet | Uptet news | 29334 Teacher Recruitment Uptet Latest
News | 29334 Teacher Recruitment
Uptet Breaking News | 29334
Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 29334 Teacher Recruitment Uptet
News Hindi | 29334 Teacher
Recruitment Uptet Merit cutoff/counseling |
29334
Junior High School Science Math Teacher Recruitment, Upper
Primary Teacher Recruitment UP , 29334
junior teacher vacancy in up latest news, , UPTET, SARKARI
NAUKRI NEWS ,
SARKARI
NAUKRI
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
|
http://naukri-recruitment-result.blogspot.com/
http://joinuptet.blogspot.com/
