HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 607 of 2015
Appellant :- Ajeet Yadav And 6 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Appellant :- Navin Kumar Sharma,Ashok Khare
Counsel for Respondent :- C.S.C.,A.K. Yadav,Anoop Trivedi
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.
The special appeal has arisen against an interlocutory order of the learned Single Judge dated 17 August 2015.
During the course of the hearing of the special appeal, this Court has been apprised of the fact that several interim orders have been passed by the learned Single Judges in diverse writ petitions. Among those interim orders, an order dated 13 August 2014 in Writ-A No.37046 of 2014 has been placed on the record.
We are of the view that having regard to the need to bring finality in the process of recruitment of Assistant Teachers in the subjects of Mathematics and Science in the senior basic schools, it would be appropriate and proper for this Court to hear and finally dispose of the writ petitions since nearly 29000 vacancies are to be filled up.
We have, accordingly, requested the learned Standing Counsel to provide a list of the other writ petitions where a similar issue has been raised, so as to enable all the writ petitions to be consolidated and heard by the Division Bench of this Court. The learned Standing Counsel has assured that the list would be supplied no later than by Friday, i.e. 4 September 2015. Learned counsel on both the sides including those appearing to intervene in this special appeal have consented to this course of action to resolve the issue and bring the uncertainty from the pendency of the litigations to an end.
All the writ petitions shall be listed together with the present special appeal, including the writ petition out of which the present special appeal has arisen (Writ-A No.45541 of 2015), on Tuesday, i.e. 8 September 2015, as fresh.
Order Date :- 2.9.2015
RKK/-
� (Yashwant Varma, J) � � � � � �� (Dr D Y Chandrachud, CJ)
*************************
82 Marks Candidate Related Writ ->>>
Whai is in Writ -- WRIT - A No. - 37046 of 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 37046 of 2014
Petitioner :- Virendra Panwar And 5 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,Bhola Nath Yadav,R.A. Akhtar
Hon'ble Pradeep Kumar Singh Baghel,J.
Heard learned counsel for the petitioners and Sri Vivek Mishra, learned Additional Advocate General, Sri R. A. Aqutar, Advocate for the N.C.T.E. and Sri Bhola Nath Yadav, Adovate who appears on behalf of the respondent no. 2.
Learned counsel for the petitioners submits that the petitioners are the reserve category candidates and under the guideline issued by the NCTE, they are entitled for 5 percent relaxation. All the petitioners have secured 82 marks in T.E.T. Examination 2011 and 2013. They are relied on a judgement of this Court rendered in the Civil Misc. Writ Petition no. 26313 of 2014, Bhagirath Singh Vs, State of U.P. and 3 others wherein on 12.05.2014 a direction has been issued to the respondents to treat 82 marks obtained by the reserved candidates as a pass mark in the T.E.T. Examination 2011 and 2013.
Aggrieved by the above order dated 12.05.2014, the State of U.P. has filed a Special Appeal Defective No. 680 of 2014 which was dismissed on 05.08.2014.
Learned counsel for the petitioners contend that in view of the clarification of the NCTE dated 10.01.2014, petitioners may also be treated as pass in the T.E.T. Examination 2011 and 2013.
Learned Additional Advocate General Sri Vivek Mishra submits that the State Government has issued a notification/ Government Order dated 28.04.2014. He further submits that the State Government itself has taken a decision that 82 marks obtained by the reserve candidates may be treated as pass mark but the said decision is prospective in nature and its benefit can not be given to the candidates who have already appeared in the T.E.T. Examination 2011 and 2013. He further submits that this Government Order has not been considered in the above special appeal and thus, the issue whether the benefit of this Government Order is available to the candidates who have already appeared in T.E.T. Examinations 2011 and 2013.
The matter needs consideration.
Learned standing counsel appears for the state functionaries prays for and is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
Sri R.A. Aqtar Advocate, who appears for the NCTE and Sri Bhola Nath Yadav, who appears for the Basic Shiksha Adhikari may also file their respective counter affidavit within six weeks.
List after expiry of the aforesaid period.
In the meantime, the petitioners who have secured 82 marks in the T.E.T. Examination 2011 and 2013 in this batch of the writ petition is extended the benefit of the order passed by this Court in above noted Writ Petition No. 26313 of 2014 which is affirmed by this Court in Special Appeal Defective No.680 of 2014 and accordingly, it is directed that all the petitioners shall be issued provisional certificate expeditiously within six weeks for the T.E.T. Examination 2011 and 2013 as they have passed the T.E.T examination but it shall abide the result of the final judgement of the present writ petition.
Order Date :- 13.8.2014
YK
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC सरकारी नौकरी - Government Jobs - Current Opening
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 607 of 2015
Appellant :- Ajeet Yadav And 6 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Appellant :- Navin Kumar Sharma,Ashok Khare
Counsel for Respondent :- C.S.C.,A.K. Yadav,Anoop Trivedi
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.
The special appeal has arisen against an interlocutory order of the learned Single Judge dated 17 August 2015.
During the course of the hearing of the special appeal, this Court has been apprised of the fact that several interim orders have been passed by the learned Single Judges in diverse writ petitions. Among those interim orders, an order dated 13 August 2014 in Writ-A No.37046 of 2014 has been placed on the record.
We are of the view that having regard to the need to bring finality in the process of recruitment of Assistant Teachers in the subjects of Mathematics and Science in the senior basic schools, it would be appropriate and proper for this Court to hear and finally dispose of the writ petitions since nearly 29000 vacancies are to be filled up.
We have, accordingly, requested the learned Standing Counsel to provide a list of the other writ petitions where a similar issue has been raised, so as to enable all the writ petitions to be consolidated and heard by the Division Bench of this Court. The learned Standing Counsel has assured that the list would be supplied no later than by Friday, i.e. 4 September 2015. Learned counsel on both the sides including those appearing to intervene in this special appeal have consented to this course of action to resolve the issue and bring the uncertainty from the pendency of the litigations to an end.
All the writ petitions shall be listed together with the present special appeal, including the writ petition out of which the present special appeal has arisen (Writ-A No.45541 of 2015), on Tuesday, i.e. 8 September 2015, as fresh.
Order Date :- 2.9.2015
RKK/-
� (Yashwant Varma, J) � � � � � �� (Dr D Y Chandrachud, CJ)
*************************
82 Marks Candidate Related Writ ->>>
Whai is in Writ -- WRIT - A No. - 37046 of 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 37046 of 2014
Petitioner :- Virendra Panwar And 5 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,Bhola Nath Yadav,R.A. Akhtar
Hon'ble Pradeep Kumar Singh Baghel,J.
Heard learned counsel for the petitioners and Sri Vivek Mishra, learned Additional Advocate General, Sri R. A. Aqutar, Advocate for the N.C.T.E. and Sri Bhola Nath Yadav, Adovate who appears on behalf of the respondent no. 2.
Learned counsel for the petitioners submits that the petitioners are the reserve category candidates and under the guideline issued by the NCTE, they are entitled for 5 percent relaxation. All the petitioners have secured 82 marks in T.E.T. Examination 2011 and 2013. They are relied on a judgement of this Court rendered in the Civil Misc. Writ Petition no. 26313 of 2014, Bhagirath Singh Vs, State of U.P. and 3 others wherein on 12.05.2014 a direction has been issued to the respondents to treat 82 marks obtained by the reserved candidates as a pass mark in the T.E.T. Examination 2011 and 2013.
Aggrieved by the above order dated 12.05.2014, the State of U.P. has filed a Special Appeal Defective No. 680 of 2014 which was dismissed on 05.08.2014.
Learned counsel for the petitioners contend that in view of the clarification of the NCTE dated 10.01.2014, petitioners may also be treated as pass in the T.E.T. Examination 2011 and 2013.
Learned Additional Advocate General Sri Vivek Mishra submits that the State Government has issued a notification/ Government Order dated 28.04.2014. He further submits that the State Government itself has taken a decision that 82 marks obtained by the reserve candidates may be treated as pass mark but the said decision is prospective in nature and its benefit can not be given to the candidates who have already appeared in the T.E.T. Examination 2011 and 2013. He further submits that this Government Order has not been considered in the above special appeal and thus, the issue whether the benefit of this Government Order is available to the candidates who have already appeared in T.E.T. Examinations 2011 and 2013.
The matter needs consideration.
Learned standing counsel appears for the state functionaries prays for and is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
Sri R.A. Aqtar Advocate, who appears for the NCTE and Sri Bhola Nath Yadav, who appears for the Basic Shiksha Adhikari may also file their respective counter affidavit within six weeks.
List after expiry of the aforesaid period.
In the meantime, the petitioners who have secured 82 marks in the T.E.T. Examination 2011 and 2013 in this batch of the writ petition is extended the benefit of the order passed by this Court in above noted Writ Petition No. 26313 of 2014 which is affirmed by this Court in Special Appeal Defective No.680 of 2014 and accordingly, it is directed that all the petitioners shall be issued provisional certificate expeditiously within six weeks for the T.E.T. Examination 2011 and 2013 as they have passed the T.E.T examination but it shall abide the result of the final judgement of the present writ petition.
Order Date :- 13.8.2014
YK
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC सरकारी नौकरी - Government Jobs - Current Opening