Court No. - 7
Case :- WRIT - A No. - 56928 of 2015
Petitioner :- Sofia Ikbal Ahmad Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Vineet Kumar Singh,H.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Vineet Singh, learned counsel for the petitioner and Sri A.K. Yadav, learned Standing Counsel for the respondents.
Petitioner is seeking a direction to the respondents to weed out the names of the candidates declared successful in Teachers Eligibility Test Examination-2011 who were involved in the commission of malpractice and delete their names from the list of selected candidates.
It has been pointed out by the learned counsel for the petitioner that the matter regarding irregularities in the selection in question was ordered and an enquiry report has been submitted by the Chief Secretary dated 10.04.2012 in which wide scale irregularities have been reported and it has been mentioned that on examination of random OMR sheets it was found that in 74 OMR sheets whitener was used and in about 3493 OMR sheets carbon was used. It has also been noted that the Agency which conducted the examination admitted that it had acted under the pressure and command of the Board of Secondary Education and in some cases even second carbon copy has been used.
The selection for appointment as Assistant Teachers in about 72000 vacancies became the subject matter of litigation in the High Court on the ground that a condition was prescribed that the candidate should be a T.E.T. pass. This controversy was settled by a Division Bench of this Court in the case of Shiv Kumar Pathak and Others Vs. State of U.P. and Others reported in 2013 10 ADJ
21. It is informed that the matter is now before the Supreme Court in SLP.
In the mean time on allegations of wide ranging malpractices in the conduct of the examination, a high powered Enquiry Committee headed by the Chief Secretary, U.P. Government was constituted. This Committee submitted its report on 01.05.2012. The findings recorded by the Committee are at page 58 of the paper book, wherein by way of illustration it has been mentionedthat whitener has been been used in about 74 OMR sheets and 3493 carbon sheets of the OMR were used. The report further mentions that the examination conducting body namely, M/s S.K. Printed Data Creative Solution, 303-P, Sagar complex, New Rajdhani Enclave, Vikas Marg, Delhi-110092, conducted the examination under the pressure of the Secondary Education Board and instead of examining the original OMR sheets, second carbon copies were examined on a large scale which was a gross irregularity. It has also been noted that whitener was used in a large number of copies and in some cases candidates were not even present to take the examination and yet their result was declared.
When the matter came before the Supreme Court, the Court by its order dated 17.12.2014 modified its earlier order and directed that the State Government shall appoint the candidates whose names have not been weeded out in the malpractice and who have obtained/secured seventy per cent marks in the Teacher Eligibility Test (TET). Candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes and the physically handicapped persons shall be appointed if they have obtained/secured sixty-five per cent marks. It has further been directed that if there is any policy of the State Government covering any other category for the purpose of reservation, the same may be given effect to with the same percentage.
Considering the directions of the Supreme Court, this writ petition is therefore, disposed of at the admission stage itself with the consent of the learned counsel for the parties and a direction is issued to the respondent no.1-Principal Secretary, Basic Education, U.P. Government, Lucknow to scrutinize and examine all the OMR/answer sheets and weed out those sheets in which whitener has been used as well as in those cases where second or third carbon papers have been used and also identify those cases where it has come on record that the result of even those candidates have been declared who have never appeared in the examination. This exercise shall be completed within a period of four months from the date a certified copy of this order is received in his office.
The respondent no.1 shall also ensure that while complying with the aforesaid direction, the directions issued by the Supreme Court in its order dated 17.12.2014 shall also be observed and complied with.
Order Date :- 6.10.2015
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC
Case :- WRIT - A No. - 56928 of 2015
Petitioner :- Sofia Ikbal Ahmad Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Vineet Kumar Singh,H.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Vineet Singh, learned counsel for the petitioner and Sri A.K. Yadav, learned Standing Counsel for the respondents.
Petitioner is seeking a direction to the respondents to weed out the names of the candidates declared successful in Teachers Eligibility Test Examination-2011 who were involved in the commission of malpractice and delete their names from the list of selected candidates.
It has been pointed out by the learned counsel for the petitioner that the matter regarding irregularities in the selection in question was ordered and an enquiry report has been submitted by the Chief Secretary dated 10.04.2012 in which wide scale irregularities have been reported and it has been mentioned that on examination of random OMR sheets it was found that in 74 OMR sheets whitener was used and in about 3493 OMR sheets carbon was used. It has also been noted that the Agency which conducted the examination admitted that it had acted under the pressure and command of the Board of Secondary Education and in some cases even second carbon copy has been used.
The selection for appointment as Assistant Teachers in about 72000 vacancies became the subject matter of litigation in the High Court on the ground that a condition was prescribed that the candidate should be a T.E.T. pass. This controversy was settled by a Division Bench of this Court in the case of Shiv Kumar Pathak and Others Vs. State of U.P. and Others reported in 2013 10 ADJ
21. It is informed that the matter is now before the Supreme Court in SLP.
In the mean time on allegations of wide ranging malpractices in the conduct of the examination, a high powered Enquiry Committee headed by the Chief Secretary, U.P. Government was constituted. This Committee submitted its report on 01.05.2012. The findings recorded by the Committee are at page 58 of the paper book, wherein by way of illustration it has been mentionedthat whitener has been been used in about 74 OMR sheets and 3493 carbon sheets of the OMR were used. The report further mentions that the examination conducting body namely, M/s S.K. Printed Data Creative Solution, 303-P, Sagar complex, New Rajdhani Enclave, Vikas Marg, Delhi-110092, conducted the examination under the pressure of the Secondary Education Board and instead of examining the original OMR sheets, second carbon copies were examined on a large scale which was a gross irregularity. It has also been noted that whitener was used in a large number of copies and in some cases candidates were not even present to take the examination and yet their result was declared.
When the matter came before the Supreme Court, the Court by its order dated 17.12.2014 modified its earlier order and directed that the State Government shall appoint the candidates whose names have not been weeded out in the malpractice and who have obtained/secured seventy per cent marks in the Teacher Eligibility Test (TET). Candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes and the physically handicapped persons shall be appointed if they have obtained/secured sixty-five per cent marks. It has further been directed that if there is any policy of the State Government covering any other category for the purpose of reservation, the same may be given effect to with the same percentage.
Considering the directions of the Supreme Court, this writ petition is therefore, disposed of at the admission stage itself with the consent of the learned counsel for the parties and a direction is issued to the respondent no.1-Principal Secretary, Basic Education, U.P. Government, Lucknow to scrutinize and examine all the OMR/answer sheets and weed out those sheets in which whitener has been used as well as in those cases where second or third carbon papers have been used and also identify those cases where it has come on record that the result of even those candidates have been declared who have never appeared in the examination. This exercise shall be completed within a period of four months from the date a certified copy of this order is received in his office.
The respondent no.1 shall also ensure that while complying with the aforesaid direction, the directions issued by the Supreme Court in its order dated 17.12.2014 shall also be observed and complied with.
Order Date :- 6.10.2015
सरकारी नौकरी - Army /Bank /CPSU /Defence /Faculty /Non-teaching /Police /PSC /Special recruitment drive /SSC /Stenographer /Teaching Jobs /Trainee / UPSC