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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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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