HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- MISC. SINGLE No. - 2220 of 2015
Petitioner :- Jyoti Gupta
Respondent :- State Of U.P. Thru Secy. Deptt. Of Basic Education & Others
Counsel for Petitioner :- Ateequzzaman Siddiqui
Counsel for Respondent :- C.S.C.,C.B. Singh,M.M. Asthana,Rajiv Singh Chauhan
Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the petitioner and learned Chief Standing Counsel who has accepted notice on behalf of respondent nos. 1,3 and 4.� Sri M.M. Asthana, learned counsel has accepted notice on behalf of respondent no.6.
Learned counsel for the petitioner has placed reliance upon a similar order passed in W.P.No, 2239(M/S) of 2015 and has prayed that the writ petition may be disposed of in terms of the same order.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
It is further submitted by learned counsel for the petitioner that the orders passed by this Court do not adjudicate upon the merit of respective candidates,therefore, it is quite likely that the merit of candidates in the process of counselling may stand affected.
Learned Standing Counsel in response to the above submission has stated that whenever conselling takes place, merit of the candidate shall not be compromised. That being the position, this writ petition is also disposed of in terms of the order dated 29.04.2015, which is reporduced below:-
"Sri. M.M. Asthana, learned counsel has accepted notice on behalf of respondent no.6. Sri Prashant Arora, learned counsel has accepted notice on behalf of respondent no.18. Notice on behalf of respondent no.19 has been accepted by Sri Rahul Shukla,learned counsel whereas Sri Jogendra Nath Verma, learned counsel has accepted notice on behalf of respondent nos.4, 20 to 22 and 24 to 28.
The petitioners claim benefit of an interim order dated 20.11.2014 passed in Writ Petition No. 7202 (M/S) of 2014 which is based on an order previously passed by this Court on 13.11.2013 in Writ-A No. 59978 of 2013. The dispute appears to have been set at rest by this Court in Special Appeal (Def) No. 716 of 2014 which has reaffirmed the decision taken by this Court in earlier Special Appeal (Def) No. 680 of 2014. It has been ruled by the Court that a candidate securing 82 marks shall be taken to be possessed of the minimum eligibility of 55% marks so far as reserved category candidates are concerned and this is now generally accepted in respect of the eligibility for TET also.
The respondents do not dispute that once the petitioners have obtained 82 marks, they shall be eligible and entitled to participate in the selection process. In this regard government order dated 02.01.2015 has been issued according to which provisional T.E.T certificate shall be the basis of consideration which can be obtained on being applied for before the Board giving particulars of the relevant T.E.T examination.
in view of above, benefit of order passed by this Court in similarly circumstanced cases is extended in terms of the order dated 16.02.2015 passed in Writ Petition No. 9334(M/S) of 2014 reproduced hereunder:-
"In view thereof, the writ petition is disposed of with the following directions:-
(1) The petitioner shall submit an application before respondent No.2 disclosing their Roll Numbers and marks obtained within two weeks alongwith certified copy of this order.
(2) In the event of such an application is moved, the respondent No.2 shall issue provisional certificate/marksheet on the basis of information available on the website within 15 days of the date of application.
(3) Learned counsel for the petitioner submits that though petitioner has not been able to participate in the counselling held on 6th and 7th February, 2014, however in the event of future counselling, the petitioner's claims should be considered by the respondents if the petitioner produces provisional mark-sheet of T.E.T. 2011 and they apprehend that they will not be allowed to participate in the counselling. In case, the petitioner submits provisional T.E.T. certificate pursuant to the order of this Court before respondent no.2, his candidature may be considered for future round of counselling, if any, held for the post of Assistant Teacher (Science and Mathematics) in upper primary school run by U.P. Basic Education Board against 29,000 vacancies advertised on 11.07.2013."
Writ petition stands disposed of in terms of direction quoted above."
Order Date :- 1.5.2015
Shahnaz
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?Court No. - 8
Case :- MISC. SINGLE No. - 2220 of 2015
Petitioner :- Jyoti Gupta
Respondent :- State Of U.P. Thru Secy. Deptt. Of Basic Education & Others
Counsel for Petitioner :- Ateequzzaman Siddiqui
Counsel for Respondent :- C.S.C.,C.B. Singh,M.M. Asthana,Rajiv Singh Chauhan
Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the petitioner and learned Chief Standing Counsel who has accepted notice on behalf of respondent nos. 1,3 and 4.� Sri M.M. Asthana, learned counsel has accepted notice on behalf of respondent no.6.
Learned counsel for the petitioner has placed reliance upon a similar order passed in W.P.No, 2239(M/S) of 2015 and has prayed that the writ petition may be disposed of in terms of the same order.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
It is further submitted by learned counsel for the petitioner that the orders passed by this Court do not adjudicate upon the merit of respective candidates,therefore, it is quite likely that the merit of candidates in the process of counselling may stand affected.
Learned Standing Counsel in response to the above submission has stated that whenever conselling takes place, merit of the candidate shall not be compromised. That being the position, this writ petition is also disposed of in terms of the order dated 29.04.2015, which is reporduced below:-
"Sri. M.M. Asthana, learned counsel has accepted notice on behalf of respondent no.6. Sri Prashant Arora, learned counsel has accepted notice on behalf of respondent no.18. Notice on behalf of respondent no.19 has been accepted by Sri Rahul Shukla,learned counsel whereas Sri Jogendra Nath Verma, learned counsel has accepted notice on behalf of respondent nos.4, 20 to 22 and 24 to 28.
The petitioners claim benefit of an interim order dated 20.11.2014 passed in Writ Petition No. 7202 (M/S) of 2014 which is based on an order previously passed by this Court on 13.11.2013 in Writ-A No. 59978 of 2013. The dispute appears to have been set at rest by this Court in Special Appeal (Def) No. 716 of 2014 which has reaffirmed the decision taken by this Court in earlier Special Appeal (Def) No. 680 of 2014. It has been ruled by the Court that a candidate securing 82 marks shall be taken to be possessed of the minimum eligibility of 55% marks so far as reserved category candidates are concerned and this is now generally accepted in respect of the eligibility for TET also.
The respondents do not dispute that once the petitioners have obtained 82 marks, they shall be eligible and entitled to participate in the selection process. In this regard government order dated 02.01.2015 has been issued according to which provisional T.E.T certificate shall be the basis of consideration which can be obtained on being applied for before the Board giving particulars of the relevant T.E.T examination.
in view of above, benefit of order passed by this Court in similarly circumstanced cases is extended in terms of the order dated 16.02.2015 passed in Writ Petition No. 9334(M/S) of 2014 reproduced hereunder:-
"In view thereof, the writ petition is disposed of with the following directions:-
(1) The petitioner shall submit an application before respondent No.2 disclosing their Roll Numbers and marks obtained within two weeks alongwith certified copy of this order.
(2) In the event of such an application is moved, the respondent No.2 shall issue provisional certificate/marksheet on the basis of information available on the website within 15 days of the date of application.
(3) Learned counsel for the petitioner submits that though petitioner has not been able to participate in the counselling held on 6th and 7th February, 2014, however in the event of future counselling, the petitioner's claims should be considered by the respondents if the petitioner produces provisional mark-sheet of T.E.T. 2011 and they apprehend that they will not be allowed to participate in the counselling. In case, the petitioner submits provisional T.E.T. certificate pursuant to the order of this Court before respondent no.2, his candidature may be considered for future round of counselling, if any, held for the post of Assistant Teacher (Science and Mathematics) in upper primary school run by U.P. Basic Education Board against 29,000 vacancies advertised on 11.07.2013."
Writ petition stands disposed of in terms of direction quoted above."
Order Date :- 1.5.2015
Shahnaz
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