उच्च न्यायालय, इलाहाबाद द्वारा 72,825 प्रशिक्षु शिक्षक भर्ती की
पांचवी काउन्सलिंग पर अदालत द्वारा दिए गए स्थगन आदेश ..दिनांक 20 मार्च
2015 का अदालती आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 4
Case :- WRIT - A No. - 14390 of 2015
Petitioner :- Ritu Garg
Respondent :- State Of U.P. & 5 Ors.
Counsel for Petitioner :- B.N. Mishra,R.V. Mishra
Counsel for Respondent :- C.S.C.,R.C. Singh,Santosh Kumar
Hon'ble Mrs. Sunita Agarwal,J.
In view of the submission of the petitioner that she had duly qualified in the fourth round of counselling but the appointment letter has not been issued rather the respondents have taken a decision to hold fifth round of couselling, time was granted to Sri A.K. Yadav to receive instructions from the Director, SCERT, Lucknow and the matter was fixed for today.
As per directions given by this Court, Sri A.K. Yadav, learned counsel for respondents has received instructions from the Director, SCERT, Lucknow and supplied a copy of the Government Order No. 590/79-5-2015 dated 13th March, 2015 and the consequential direction given by the Director SCERT dated 13.3.2015 to all the Principals DIETs and all the District Basic Education Officers in the State of U.P., directing them to notify for holding of fifth round of counselling from 19.3.2015 to 23.3.2015.
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Sri A.K. Yadav, learned counsel for respondents also placed before the Court, a notification issued by the Principal, DIET, Allahabad dated 18.3.2015 in the daily Newspaper "Dainik Jagran" dated 19th March, 2015 to substantiate that the directions of the State Government and the Director, SCERT issued on 13th March, 2015 are pursuant to the directions of the Apex Court in the order dated 25.2.2015 in Civil Appeal No(s). 4347-4375 of 2014 (State of U.P. & Others Versus Shiv Kumar Pathak & Others).
A photostat copy of the order dated 25.2.2015 passed by the Apex Court in the aforementioned Civil Appeal has also been placed before the Court.
Upon instructions, Sri A.K. Yadav, learned counsel for respondents submits that a decision has been taken to hold 5th round of counselling for filling 29,174 vacancies which could not be filled by the previous four rounds of counsellings held till 14.1.2015.
A perusal of the order dated 25.2.2015 passed by the Apex Court indicates that the learned Senior Counsel on behalf of State of U.P. filed an affidavit sworn by the Joint Secretary, Basic Shiksha Parishad, Allahabad. Relevant paragraphs No. '3', '4', '5' and '6' of the said affidavit have been reproduced in the order passed by the Apex Court which indicates that the stand was that four rounds of counselling were done and pursuant to the order passed by the Apex Court dated 17.12.2014, appointment letters to 83,983/- candidates were issued. Out of which 43,651 candidates had joined and process for filling up 29,174 vacancies was going on.
Learned Senior Counsel for State of U.P appearing before the Apex Court relying upon the averments made in the above paragraphs of the affidavit filed by the State of U.P. made a request before the Apex Court that the State may be granted four weeks' time to issue public notice to the candidates to join in the vacancies, failing which the Court may issue appropriate directions.
After consideration of the request of learned Senior Counsel for the State of U.P and the submissions of learned counsel for the parties, it was found by the Apex Court that as on date i.e. 25.2.2015, 29,174 vacancies were available to be filled up.
In this view of the matter, a specific direction was issued by the Apex Court to the State Government to issue public notice within four weeks from the date i.e. 25.2.2015 requiring the selected candidates in respect of 29,174 vacancies to join. The direction of the Apex Court order dated 25.2.2015 after hearing the learned counsel for the parties are as under:-
"At this juncture, we may note with profit that we have fixed the percentage for persons belonging to Schedule Castes/Schedule Tribes/Other Backward Classes at 65%. It is urged by Mr. Sharma and learned counsel whose names appear hereinabove, that the persons who have obtained 60% marks should als should also be considered. As we find, as of today, 29174 vacancies are available to be filled up. If the persons belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes have secured 65% marks and their number meets the requirement, the vacancies meant for their quota, shall be filled up by taking into consideration the said percentage. If the candidates of that percentage are not available, the State shall offer appointments to the candidates who have secured 60% of the marks. Be it noted, if the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes who have secured 65% of the marks are available, the candidates who have secured 60% of the marks cannot be allowed to complete with them.
The State Government is directed to issue the public notice within four weeks from today requiring the selected candidates in respect of 29174 vacancies to join and if any candidate fails to join within the stipulated period provided in the public notice, he will forefeit his right of appointment in this selection. To clarify, we may add that the public notice shall be published in widely circulated newspapers and the candidates shall be given three weeks time to join failing which the conditions prescribed hereinabove shall follow.
At this juncture, we have been apprised by the learned counsel for the respondents that some candidates who have applied in more than one districts and secured the requisite marks which have been fixed by this Court on the previous occasion, have joined in two posts, though not working. The competent authority of the State Government shall verify the same and restrict the appointment to one place and count the said vacancies and fill up the same by following the criteria fixed by us.
We will be failing in our duty if we do not take note of the submission which has been advanced before us that though certain posts are reserved in the category of horizontal quota, no steps have been taken to fill up the said Regard being had to provisions contained in the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rules in vogue in the State of Uttar Pradesh, we direct that the posts in those categories shall be filled up as per the Rules relating to relaxation in respect of the said category. That apart, if any quota and relaxation are available for any other horizontal category, that may also be applied.
Let the matter be listed on 22.4.2015. It is hereby made clear that it shall be finally heard on that day and no adjournment shall be granted to any counsel."
After going through the directions of the Apex Court, this Court finds that the Apex Court has directed the State Government to proceed in the manner as follows:-
(i) The State Government was directed to issue public notice within four weeks from the date of order i.e. 25.2.2015 requiring the selected candidates in respect of 29,174 vacancies to join.
(ii) If any candidate fails to join within the stipulated period provided in the public notice, he will forfeit his right for appointment in this selection.
(iii) It was further clarified that the public notice shall be published in widely circulated newspapers.
(iv) The candidates shall be given three weeks time to join, failing which the conditions prescribed in the order shall follow.
Upon a specific query made by this Court with regard to the directions of the Apex Court as noted above, Sri A.K. Yadav, learned counsel for respondents and Sri Som Narayan Misra, learned Standing Counsel have not been able to place before the Court that public notices as directed by the Apex Court, have been issued requiring the selected candidates to join against 29,174 vacancies.
Sri Som Narayan Misra, learned Standing Counsel was directed to seek further instructions from respondent no. 1 i.e. the Principal Secretary, Education, U.P., Lucknow.
It is informed by Sri Som Narayan Misra, learned Standing Counsel that a FAX message was sent the Principal Secretary, Basic Education, Government of U.P., Lucknow as also the State Project Director, U.P. Education for all Project Board, Lucknow to give a clear stand so that the same may be placed before the Court. The message/letter was sent through FAX at about 17:02 PM.
A copy of the letter dated 19.3.2015 and the receipt of the FAX message sent by Sri Som Narayan Misra, learned Standing Counsel are taken on record.
Learned Standing Counsel further informs that he also made an effort to personally talk to the Principal Secretary, Basic Education to clarify the position, in view of the observations made by this Court, today, when the matter was taken up before lunch.
Despite the persistent efforts made by Sri A.K. Yadav, learned counsel for respondents and Sri Som Narayan Misra, learned Standing Counsel, no clear instructions have been given either by respondent no. 2 i.e. the Director, SCERT or by the Principal Secretary, Basic Education, U.P., Lucknow informing them as to why steps have been taken to notify the selected candidates to join in respect of 29,174 vacancies pursuant to the directions given by the Apex Court.
Further, a perusal of the instructions brought on record, it appears that the decision taken by the State Government was notified by the Secretary, State of U.P. to the Director, SCERT, Lucknow for holding of 5th round of counselling from 19.3.2015 to 23.3.2015. It is apparent from the Government Order dated 13.3.2015 that the decision has been taken pursuant to the directions of the Apex Court dated 25.2.2015, however, it appears that specific direction of the Apex Court to issue public notices within four weeks from 25.2.2015, has not been taken care of. It is noteworthy to note that the said direction was issued by the Apex Court pursuant to the submission made by learned Senior Counsel for the State of U.P. before the Apex Court wherein he had requested that the State may be granted four weeks time to issue notice to the candidates to join in the vacancies failing which the Court may issue appropriate directions.
Prima facie, it appears that the State Government has failed to take note of the categorical directions of the Apex Court before taking decision to hold 5th round of counselling.
Learned counsels for respondents have not been able to place any material on record nor there is any averment in the Government Order dated 13th March, 2015 for issuing public notice.
It is apparent that further directions given by the Apex Court in the order dated 25.2.2015 were subject to the observance of the direction to issue public notice. As it is categorically observed by the Apex Court that in case the selected candidates failed to join within three weeks from the date of public notice, other conditions in the order shall follow.
As the first condition has not been observed, it is clear that the decision taken by the State Government to hold fifth round of counselling is clearly in violation of the directions given by the Apex Court in the order dated 25.2.2015.
It is surprising to note that the higher officer in the State of U.P. like Principal Secretary has not taken care of, to go through the directions given by the Apex Court. This shows reckless approach of the officer concerned and his attitude towards the Court of law.
For the aforementioned reason, this Court finds that respondent authorities cannot be allowed to proceed with the fifth round of counselling as they have not followed the directions of the Apex Court in its letter and spirit in the order dated 25.2.2015.
It is therefore, directed that the respondents shall not proceed with the fifth round of counselling as scheduled from 19.3.2015, until further orders of the Apex Court in Civil Appeal No. (s) 4347-4375/2014 (State of U.P. & Others Versus Shiv Kumar Pathak & Others).
Personal affidavits of the Principal Secretary, U.P., Lucknow and the Director, SCERT, Lucknow be filed on the next date fixed giving explanation as to why steps have have not been taken strictly as per the letter and spirit of the directions of the Apex Court in the order dated 25.2.2015.
However, it is open for the respondents to rectify their mistake and issue appropriate public notices pursuant to the direction given by the Apex Court in the order dated 25.2.2015.
So far as the petitioner in the present writ petition is concerned, she has appeared in the 4th round of counselling held on 13.1.2015 in Districts Shahjahanpur and Hardoi and submitted the requisite papers before the concerned authorities. She states that she has also appeared in the 4th round of counselling held on 14.1.2015 in District Bareilly.
Submission is that the name of the petitioner did not appear in the select list though she has obtained higher marks than the last selected candidates in the respective districts.
It is clarified that the petitioner has a claim for selection and appointment in the respective districts only after the last selected candidate who had appeared in the 3rd round of counselling is exhausted and the petitioner is otherwise qualified. In such a situation, the claim of the petitioner can be considered by the respective Principals DIETs in Districts Shahajahanpur, Bareilly and Hardoi and therefore, by the District Basic Education Officers on the report of the Principals concerned.
The petitioner may move application before the Principal of the respective DIETs who may consider the claim of the petitioner and place the entire matter before the District Basic Education of the concerned district.
An appropriate decision in accordance with law shall be taken by the District Basic Education Officers of Districts Shahajahanpur, Bareilly and Hardoi and be placed before this Court on the date fixed i.e. on 13.4.2015.
Put up this matter on 13.4.2015 as fresh before the appropriate Court.
Order Date :- 20.3.2015
B.K. (Sunita Agarwal, J.)
More News You May Like : Court No. - 4
Case :- WRIT - A No. - 14390 of 2015
Petitioner :- Ritu Garg
Respondent :- State Of U.P. & 5 Ors.
Counsel for Petitioner :- B.N. Mishra,R.V. Mishra
Counsel for Respondent :- C.S.C.,R.C. Singh,Santosh Kumar
Hon'ble Mrs. Sunita Agarwal,J.
In view of the submission of the petitioner that she had duly qualified in the fourth round of counselling but the appointment letter has not been issued rather the respondents have taken a decision to hold fifth round of couselling, time was granted to Sri A.K. Yadav to receive instructions from the Director, SCERT, Lucknow and the matter was fixed for today.
As per directions given by this Court, Sri A.K. Yadav, learned counsel for respondents has received instructions from the Director, SCERT, Lucknow and supplied a copy of the Government Order No. 590/79-5-2015 dated 13th March, 2015 and the consequential direction given by the Director SCERT dated 13.3.2015 to all the Principals DIETs and all the District Basic Education Officers in the State of U.P., directing them to notify for holding of fifth round of counselling from 19.3.2015 to 23.3.2015.
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Sri A.K. Yadav, learned counsel for respondents also placed before the Court, a notification issued by the Principal, DIET, Allahabad dated 18.3.2015 in the daily Newspaper "Dainik Jagran" dated 19th March, 2015 to substantiate that the directions of the State Government and the Director, SCERT issued on 13th March, 2015 are pursuant to the directions of the Apex Court in the order dated 25.2.2015 in Civil Appeal No(s). 4347-4375 of 2014 (State of U.P. & Others Versus Shiv Kumar Pathak & Others).
A photostat copy of the order dated 25.2.2015 passed by the Apex Court in the aforementioned Civil Appeal has also been placed before the Court.
Upon instructions, Sri A.K. Yadav, learned counsel for respondents submits that a decision has been taken to hold 5th round of counselling for filling 29,174 vacancies which could not be filled by the previous four rounds of counsellings held till 14.1.2015.
A perusal of the order dated 25.2.2015 passed by the Apex Court indicates that the learned Senior Counsel on behalf of State of U.P. filed an affidavit sworn by the Joint Secretary, Basic Shiksha Parishad, Allahabad. Relevant paragraphs No. '3', '4', '5' and '6' of the said affidavit have been reproduced in the order passed by the Apex Court which indicates that the stand was that four rounds of counselling were done and pursuant to the order passed by the Apex Court dated 17.12.2014, appointment letters to 83,983/- candidates were issued. Out of which 43,651 candidates had joined and process for filling up 29,174 vacancies was going on.
Learned Senior Counsel for State of U.P appearing before the Apex Court relying upon the averments made in the above paragraphs of the affidavit filed by the State of U.P. made a request before the Apex Court that the State may be granted four weeks' time to issue public notice to the candidates to join in the vacancies, failing which the Court may issue appropriate directions.
After consideration of the request of learned Senior Counsel for the State of U.P and the submissions of learned counsel for the parties, it was found by the Apex Court that as on date i.e. 25.2.2015, 29,174 vacancies were available to be filled up.
In this view of the matter, a specific direction was issued by the Apex Court to the State Government to issue public notice within four weeks from the date i.e. 25.2.2015 requiring the selected candidates in respect of 29,174 vacancies to join. The direction of the Apex Court order dated 25.2.2015 after hearing the learned counsel for the parties are as under:-
"At this juncture, we may note with profit that we have fixed the percentage for persons belonging to Schedule Castes/Schedule Tribes/Other Backward Classes at 65%. It is urged by Mr. Sharma and learned counsel whose names appear hereinabove, that the persons who have obtained 60% marks should als should also be considered. As we find, as of today, 29174 vacancies are available to be filled up. If the persons belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes have secured 65% marks and their number meets the requirement, the vacancies meant for their quota, shall be filled up by taking into consideration the said percentage. If the candidates of that percentage are not available, the State shall offer appointments to the candidates who have secured 60% of the marks. Be it noted, if the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes who have secured 65% of the marks are available, the candidates who have secured 60% of the marks cannot be allowed to complete with them.
The State Government is directed to issue the public notice within four weeks from today requiring the selected candidates in respect of 29174 vacancies to join and if any candidate fails to join within the stipulated period provided in the public notice, he will forefeit his right of appointment in this selection. To clarify, we may add that the public notice shall be published in widely circulated newspapers and the candidates shall be given three weeks time to join failing which the conditions prescribed hereinabove shall follow.
At this juncture, we have been apprised by the learned counsel for the respondents that some candidates who have applied in more than one districts and secured the requisite marks which have been fixed by this Court on the previous occasion, have joined in two posts, though not working. The competent authority of the State Government shall verify the same and restrict the appointment to one place and count the said vacancies and fill up the same by following the criteria fixed by us.
We will be failing in our duty if we do not take note of the submission which has been advanced before us that though certain posts are reserved in the category of horizontal quota, no steps have been taken to fill up the said Regard being had to provisions contained in the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rules in vogue in the State of Uttar Pradesh, we direct that the posts in those categories shall be filled up as per the Rules relating to relaxation in respect of the said category. That apart, if any quota and relaxation are available for any other horizontal category, that may also be applied.
Let the matter be listed on 22.4.2015. It is hereby made clear that it shall be finally heard on that day and no adjournment shall be granted to any counsel."
After going through the directions of the Apex Court, this Court finds that the Apex Court has directed the State Government to proceed in the manner as follows:-
(i) The State Government was directed to issue public notice within four weeks from the date of order i.e. 25.2.2015 requiring the selected candidates in respect of 29,174 vacancies to join.
(ii) If any candidate fails to join within the stipulated period provided in the public notice, he will forfeit his right for appointment in this selection.
(iii) It was further clarified that the public notice shall be published in widely circulated newspapers.
(iv) The candidates shall be given three weeks time to join, failing which the conditions prescribed in the order shall follow.
Upon a specific query made by this Court with regard to the directions of the Apex Court as noted above, Sri A.K. Yadav, learned counsel for respondents and Sri Som Narayan Misra, learned Standing Counsel have not been able to place before the Court that public notices as directed by the Apex Court, have been issued requiring the selected candidates to join against 29,174 vacancies.
Sri Som Narayan Misra, learned Standing Counsel was directed to seek further instructions from respondent no. 1 i.e. the Principal Secretary, Education, U.P., Lucknow.
It is informed by Sri Som Narayan Misra, learned Standing Counsel that a FAX message was sent the Principal Secretary, Basic Education, Government of U.P., Lucknow as also the State Project Director, U.P. Education for all Project Board, Lucknow to give a clear stand so that the same may be placed before the Court. The message/letter was sent through FAX at about 17:02 PM.
A copy of the letter dated 19.3.2015 and the receipt of the FAX message sent by Sri Som Narayan Misra, learned Standing Counsel are taken on record.
Learned Standing Counsel further informs that he also made an effort to personally talk to the Principal Secretary, Basic Education to clarify the position, in view of the observations made by this Court, today, when the matter was taken up before lunch.
Despite the persistent efforts made by Sri A.K. Yadav, learned counsel for respondents and Sri Som Narayan Misra, learned Standing Counsel, no clear instructions have been given either by respondent no. 2 i.e. the Director, SCERT or by the Principal Secretary, Basic Education, U.P., Lucknow informing them as to why steps have been taken to notify the selected candidates to join in respect of 29,174 vacancies pursuant to the directions given by the Apex Court.
Further, a perusal of the instructions brought on record, it appears that the decision taken by the State Government was notified by the Secretary, State of U.P. to the Director, SCERT, Lucknow for holding of 5th round of counselling from 19.3.2015 to 23.3.2015. It is apparent from the Government Order dated 13.3.2015 that the decision has been taken pursuant to the directions of the Apex Court dated 25.2.2015, however, it appears that specific direction of the Apex Court to issue public notices within four weeks from 25.2.2015, has not been taken care of. It is noteworthy to note that the said direction was issued by the Apex Court pursuant to the submission made by learned Senior Counsel for the State of U.P. before the Apex Court wherein he had requested that the State may be granted four weeks time to issue notice to the candidates to join in the vacancies failing which the Court may issue appropriate directions.
Prima facie, it appears that the State Government has failed to take note of the categorical directions of the Apex Court before taking decision to hold 5th round of counselling.
Learned counsels for respondents have not been able to place any material on record nor there is any averment in the Government Order dated 13th March, 2015 for issuing public notice.
It is apparent that further directions given by the Apex Court in the order dated 25.2.2015 were subject to the observance of the direction to issue public notice. As it is categorically observed by the Apex Court that in case the selected candidates failed to join within three weeks from the date of public notice, other conditions in the order shall follow.
As the first condition has not been observed, it is clear that the decision taken by the State Government to hold fifth round of counselling is clearly in violation of the directions given by the Apex Court in the order dated 25.2.2015.
It is surprising to note that the higher officer in the State of U.P. like Principal Secretary has not taken care of, to go through the directions given by the Apex Court. This shows reckless approach of the officer concerned and his attitude towards the Court of law.
For the aforementioned reason, this Court finds that respondent authorities cannot be allowed to proceed with the fifth round of counselling as they have not followed the directions of the Apex Court in its letter and spirit in the order dated 25.2.2015.
It is therefore, directed that the respondents shall not proceed with the fifth round of counselling as scheduled from 19.3.2015, until further orders of the Apex Court in Civil Appeal No. (s) 4347-4375/2014 (State of U.P. & Others Versus Shiv Kumar Pathak & Others).
Personal affidavits of the Principal Secretary, U.P., Lucknow and the Director, SCERT, Lucknow be filed on the next date fixed giving explanation as to why steps have have not been taken strictly as per the letter and spirit of the directions of the Apex Court in the order dated 25.2.2015.
However, it is open for the respondents to rectify their mistake and issue appropriate public notices pursuant to the direction given by the Apex Court in the order dated 25.2.2015.
So far as the petitioner in the present writ petition is concerned, she has appeared in the 4th round of counselling held on 13.1.2015 in Districts Shahjahanpur and Hardoi and submitted the requisite papers before the concerned authorities. She states that she has also appeared in the 4th round of counselling held on 14.1.2015 in District Bareilly.
Submission is that the name of the petitioner did not appear in the select list though she has obtained higher marks than the last selected candidates in the respective districts.
It is clarified that the petitioner has a claim for selection and appointment in the respective districts only after the last selected candidate who had appeared in the 3rd round of counselling is exhausted and the petitioner is otherwise qualified. In such a situation, the claim of the petitioner can be considered by the respective Principals DIETs in Districts Shahajahanpur, Bareilly and Hardoi and therefore, by the District Basic Education Officers on the report of the Principals concerned.
The petitioner may move application before the Principal of the respective DIETs who may consider the claim of the petitioner and place the entire matter before the District Basic Education of the concerned district.
An appropriate decision in accordance with law shall be taken by the District Basic Education Officers of Districts Shahajahanpur, Bareilly and Hardoi and be placed before this Court on the date fixed i.e. on 13.4.2015.
Put up this matter on 13.4.2015 as fresh before the appropriate Court.
Order Date :- 20.3.2015
B.K. (Sunita Agarwal, J.)
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