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1 से 7 कॉउंसलिंग तक के अभ्यर्थियों को पहले जोइनिंग देने का आर्डर
8th counseling 82 marks vaalon ki jaaree rahegee,  Lekin iska result court ke final order par nirbhar karegaa -

Sarkar ko 4 haft ke samay deeya gaya hai vacancies batane aur counter affidevit file karne ke leeye  Court No. - 7
Case :- WRIT - A No. - 45541 of 2015
Petitioner :- Sitaram And 5 Others
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Anoop Trivedi
Counsel for Respondent :- C.S.C.,A.K. Yadav

Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent no. 1 and Sri A.K. Yadav, learned counsel appearing for the respondent no. 2.
An advertisement dated 17.7.2013 inviting online applications for selection on 29,334 posts of Assistant Teachers was issued. The controversy is only with regard to Scheduled Caste, Scheduled Tribe and Other Backward Class candidates. The petitioners have appeared in the 7th round of counselling. The contention is that the petitioners have a right to be appointed thereafter. In this connection attention was drawn to a judgment rendered by the Hon'ble Single Judge in Writ A No. 28686, Brahm Dev Yadav and others Vs. State of U.P. and others, decided on 29.5.2014, against which Special Appeal No. 622 of 2014 was filed, which was disposed of vide order dated 7.4.2015 with liberty to file review/recall application. The recall/review application was also dismissed vide order dated 8.5.2015. It was further pointed out that there was several round of litigation by way of various writ petitions and various special appeals which were ultimately decided in favour of the petitioners after the aforesaid judgment. Relevant paragraph 11 of the aforesaid judgment dated 29.5.2014 is quoted as under:
"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."
Attention was drawn to an order dated 1.7.2015 passed in Contempt Application No. 3797 of 2015, Sitaram and others Vs. Sri Heela Lal Gupta, Secretary, Basic Education, Lucknow and another whereby one more opportunity was granted to the aforesaid party to comply with the order passed by this Court dated 30.4.2015 in Writ A No. 24818 of 2015, which was disposed of in terms of the judgment and order dated 29.5.2014 passed by this Court in Writ A No. 28686, Brahm Dev Yadav and others Vs. State of U.P. and others. It was further pointed out that the respondent - authorities are facing contempt for violation of the aforesaid orders.
Challenge in the present petition is to the Government Order dated 17.2.2015 whereby in pursuance to the orders passed in Writ Petition No. 6652/MS of 2014, Writ Petition No. 22993 of 2015 and Writ Petition No. 25130 of 2015 it has been provided that for Science and Mathematics Assistant Teachers another round of counselling be initiated wherein the persons obtaining 82 marks in TET will be permitted and for this purpose the earlier Government Order dated 24.12.2014 was modified which provided that this (the 7th round) of counselling will be the "last round of counselling" by withdrawing these words.
The submission is that now in the garb of interim orders passed by this Court the persons who have not applied earlier in pursuance to the advertisement dated 11.7.2013 are now being permitted to submit their application forms which is absolutely illegal. Apart from that attention was also drawn to the order dated 24.4.2015 passed in Writ A No. 2293 of 2015 to submit that it was only in the event of future counselling the persons obtaining 82 marks can be permitted. The submission is that since 7th round of counselling was the last round of counselling, therefore, now fresh counselling cannot take place. Further submission is that at present no vacancy is available, therefore, the petitioners are entitled for appointment as per the result of 7th round of counselling.
This Court has noticed that while arguing the contention of the learned counsel for the petitioner in Writ A No. 28686, Brahm Dev Yadav and others Vs. State of U.P. and others, decided on 29.5.2014 was 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.
The submission is that even though their rights to get appointment have been crystallised, implementation of Government Order dated 17th June, 2015 impugned herein would again generate litigation as there is no vacancy available and the newly selected candidates may displace the petitioners on the basis of marks obtained by them in educational qualification.
Sri A.K. Yadav, learned counsel appearing for the respondent no. 2 submitted that order dated 17th June, 2015 has been passed in pursuance to the directions issued by this Court in various writ petitions and the respondents are fully justified in going ahead with the 8th round of counselling.
Matter requires consideration.
Learned counsel for the respondents pray for and are granted four weeks time to file counter affidavit. The petitioners shall have one week thereafter to file rejoinder affidavit. List on 28th September, 2015.
It is further provided that the respondents shall specify the vacancies available after 7th round of counselling in their counter affidavit.
Till the next date of listing, it is provided that the counselling as per Government Order dated 17th June, 2015 may go on but the result of the same may not be finalized and declared or until and unless the petitioners who have appeared in 7th round of counselling are adjusted.
Let a certified copy of this order be issued to the learned Standing Counsel within 24 hours free of cost.
Order Date :- 17.8.2015

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