UPTET SARKARI NAUKRI - BAD NEWS FOR JRT, BHRTEE ABHEE BHEE FANSEE HUEE HAI -
29
MAY 2014 KO BHRAM DEV NE WRIT FILE KAR JRT BHRTEE 2 MAHINE MEIN KARVANE
KAA AADESH LIYA THAA, USKO DB NE KAHA HAI KI YAHCEE (ANIL, NILAM ETC. )
US SINGLE BENCH JUDGE KE SAAMNE APNEE APPEAL RAKHE, VO BHEE SABHEE
POINTS KE SAATH. AB CASE FIR WAHIN SHURU HOGAA
DOUBLE BENCH ( 2 JUDGES) KA ORDER KYA HAI -
SINGLE BENCH JUDGE NE YEH ORDER DIYA THAA -
the
writ petition is disposed of with a direction to respondents- Competent
Authority (ies) to complete process of making actual appointments
within a period of two months from the date of production of a certified
copy of this order before concerned appointing authorities; and,
ensure
that appointed persons join their respective posts within a further
period of fifteen days and primary institutions starts functioning in
the next session, i.e. from July, 2014 and onwards which would be in
large public interest.
APPELANT KO SINGLE BENCH JUDGES KE SAAMNE ORDER KO RECALL / REVIEW KE LIYE BOLA HAI
yE POOREE LINE SINGLE BENCH JUDGE KA FESLA THEE NA KEE DOUBLE BENCH JUDGE KA ORDER (SABSE BOTTOM MEIN SINGLE JUDGE KA FESLA AAPKE LIYE PRASTUT HAI) -
"it goes without saying, on the
statement made by them, no appointments in pursuance to the
advertisements issued would be made by them. The selection process,
however shall continue"
The said interim order is still continuing."
NEELAM KI WRIT PAR KYA KAHA HAI -
writ
petition No.52521 of 2013 (Neelam Kumari Gautum vs. State of U.P.),
wherein by order dated 13.11.2013 the learned Single Judge has passed an
interim order to the extent that "it goes without saying, on the
statement made by them, no appointments in pursuance to the
advertisements issued would be made by them. The selection process,
however shall continue"
The said interim order is still continuing.
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- SPECIAL APPEAL No. - 622 of 2014
Appellant :- Anil Kumar Singh
Respondent :- State Of U.P. And 8 Ors.
Counsel for Appellant :- Shailesh Upadhyay,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Seemant Singh,Shailendra
Hon'ble Rajes Kumar,J.
Hon'ble Shamsher Bahadur Singh,J.
Heard Sri Radha Kant Ojha, learned Senior Counsel appearing on behalf of the appellant.
This
is an appeal filed, against the order dated 29.5.2014 passed by the
learned Single Judge in writ petition No.28686 of 2014 (Bramh Dev Yadav
and others vs. State of U.P.).
It
appears that by Government Order dated 11.7.2013 the process for the
appointment of the Assistant Teacher in Senior Basic Schools i.e. the
schools imparting education from class 5th to class 8th which is stated
to be Junior High School has been started.
The
grievance of petitioners was that a huge number of vacancies in Primary
Schools are continuing for years together and despite the fact that
eligible and suitable candidates are available and there is no
obstruction before respondents in any manner yet for sheer inaction or
apathy, respondents are not completing process of appointment as a
result whereof thousands of Primary Schools are running without
Teachers. Having regard to the fact and circumstances of the case, the
learned Single Judge has disposed of the writ petition with the following observation:
10.
"Be that as it may, at this stage since all preliminaries and other
rituals with regard to selection has already completed, as stated at the
Bar, I do not find it an occasion to make any further and detail
observations on the conduct of respondents, except of placing on record a
serious disapproval and condemnation of this Court on such inaction and
lethargy as also incompetency on the part of State in so doing. Larger
public interest cannot be permitted to sub-serve for otherwise
individual or personal interest of State authorities.
11. In the facts and circumstances of the case,
the
writ petition is disposed of with a direction to respondents- Competent
Authority (ies) to complete process of making actual appointments
within a period of two months from the date of production of a certified
copy of this order before concerned appointing authorities; and,
ensure
that appointed persons join their respective posts within a further
period of fifteen days and primary institutions starts functioning in
the next session, i.e. from July, 2014 and onwards which would be in
large public interest.
Learned Counsel for the
appellant submitted that by the impugned order, passed in the writ
petition No.28686 of 2014 the learned Single Judge has directed the
competent authority to complete the process of making actual
appointments, is wholly unjustified inasmuch as the Government order
dated 11.7.2013
has been challenged in the writ petition No.52521 of 2013 (Neelam
Kumari Gautum vs. State of U.P.), wherein by order dated 13.11.2013 the
learned Single Judge has passed an interim order to the extent that "it
goes without saying, on the statement made by them, no appointments in
pursuance to the advertisements issued would be made by them. The
selection process, however shall continue"
The said interim order is still continuing.
Sri
Shailendra appearing on behalf of the respondent Nos.5 to 9� filed
counter affidavit� on 14.7.2014 along with the Misc. Application,
wherein an objection about the locus of Anil Kumar Singh in filing the
Special Appeal and maintainability of the special appeal are being
raised.
On the facts of the case,
we
are of the view that the appellant may file a review /recall
application before the learned Single Judge for the review/recall of the
order dated 29.5.2014, wherein he may take all the grounds taken in the
present appeal.
The Special Appeal is accordingly, disposed of.
We
however, request the learned Single Judge that, in case, application
for review/ recall is filed,� the same may be disposed of expeditiously.
Order Date :- 7.4.2015
Pr/-
***********************************
KYA HAI 13 NOVEMBER 2013 KA ORDER
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
Hon'ble Vikram Nath,J.
Pursuant
to order datd 7.11.2013, Sri Nitishwar Kumar, Secretary, Basic
Education, Government of U.P. and Sri Sanjay Sinha, Secretary, U.P.
Basic Education Board are present. They have made their submissions and
are also represented by Sri S.C. Dwivedi, learned Additional Chief
Standing Counsel, Sri B.P. Singh and Sri A.K. Yadav, Advocates. Learned
counsels appearing for different District Basic Education Officers of
different Districts are also present. On account of strike of the
Government employees, they have expressed their inability to produce the
relevant record and the data which was sought for from them in the
previous orders. It has been stated by them that as soon as strike is
over they would place before the court the relevant data and the
material as required and would also answer the questions posed to them
in the previous orders. It has also been stated that at present exercise
for selection of the Assistant Teachers in Science & Mathematics
stream for the Junior High Schools is in progress and it will take time
to finalize and make appointments.
As prayed list this case on 26.11.2013.
On
the said date both the above described Officers shall again remain
present before the court along with the relevant material.
It
goes without saying, on the statement made by them, no appointments in
pursuance to the advertisements issued would be made by them. The
selection process, however shall continue.
Order Date :- 13.11.2013
pk
****************
29 May 2014 ka order jisko recall/ review ke lee DB ne Applant ko chance deeya hai :-
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 34
Case :- WRIT - A No. - 28686 of 2014
Petitioner :- Brahm Dev Yadav And 5 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Pankaj Kumar Ojha,Shailendra
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Sudhir Agarwal,J.
1.
Heard Sri Shailendra, Advocate for petitioners, learned Standing
Counsel for respondents no. 1 to 3 and Sri A.K. Yadav and Sri Bhanu
Pratap Singh, Advocates for respondents no. 4 and 5.
2. With the
consent of learned counsel for the parties, this Court proceed to
decide/dispose of the matter at this stage under the Rules of this
Court.
3. The grievance of petitioners is that a huge number of
vacancies in Primary Schools are continuing for years together and
despite the fact that eligible and suitable candidates are available and
there is no obstruction before respondents in any manner yet for sheer
inaction or apathy, respondents are not completing process of
appointment as a result whereof thousands of Primary Schools are running
without Teachers.
4. The right to primary education has been made a
fundamental right under the Constitution of India for budding upcoming
generation and for accomplishment thereof Parliament has also enacted
Right to Education Act, still the basic education department of State of
U.P. is showing a total callousness by allowing thousands of vacancies
of Teachers in Primary Schools, continuing for years together.
5. In
the present case the matter relates to appointment of about 30,000
Teachers in Senior Primary Schools, i.e., the schools imparting
education from Class 5 to Class 8.
6. For appointment of 29,333 posts
of Assistant Teachers in Senior Basic Schools, process of selection
commenced pursuant to Government Order dated 11.07.2013 but till date
those vacancies have not been filled in though even counselling has been
completed.
7. It is a serious matter when thousands and thousands
vacancies of Teachers in Primary Schools, across the State are vacant
yet the State Government is not able to fill in those vacancies since a
long time, for one or the other reasons and many a times for reasons
other than valid consideration.
8. Sri Shailendra, learned counsel
for the petitioners, stated that for political reasons respondent-State
is indulging in diluting the standard by making amendments in
recruitment rules so as to downgrade the requisite qualifications for
appointment and with an intention to cover a large chunk of otherwise
unsuitable persons for appointment which caused a spate of litigation
for the last few years. The ultimate casualty is the primary education
in the State and the consequence is that vacancies of Assistant Teachers
of several thousands are continuing as a result whereof the young
children are being deprived of their fundamental right of primary
education for want of Teachers.
9. Learned Standing Counsel attempted
to counter the allegation of inaction and apathy on the part of State
by stating that due to several sets of litigations, the actual
appointments could not be made but the fact remains that department of
Basic Education has miserably failed in discharge of its constitutional
and statutory functions of ensuring smooth running of Primary Schools in
State of U.P. for the last several years. Budgetary allocation to
education department is one of the highest in the State yet it has not
resulted in improvement of standard of Primary Education and one of the
prime reason therefor is non-appointment of Teachers.
10. Be that as
it may, at this stage since all preliminaries and other rituals with
regard to selection has already completed, as stated at the Bar, I do
not find it an occasion to make any further and detail observations on
the conduct of respondents, except of placing on record a serious
disapproval and condemnation of this Court on such inaction and lethargy
as also incompetency on the part of State in so doing. Larger public
interest cannot be permitted to sub-serve for otherwise individual or
personal interest of State authorities.
11. In the facts and
circumstances of the case, the writ petition is disposed of with a
direction to respondents-Competent Authority(ies) to complete process of
making actual appointments within a period of two months from the date
of production of a certified copy of this order before concerned
appointing authorities; and, ensure that appointed persons join their
respective posts within a further period of fifteen days and primary
institutions starts functioning in the next session, i.e., from July,
2014 and onwards, which would be in large public interest.
Order Date :- 29.05.2014
AK
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