Case :- WRIT - A No. - 1254 of 2016
Petitioner :- Brijlal And 32 Others
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7
Case :- WRIT - A No. - 1254 of 2016 Petitioner :- Brijlal And 32 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,A.K. Yadav,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Thirty three petitioners have joined this writ petition. They claim that they have successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011 and 2013. All of them have secured 82 marks and they belong to reserved category.
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly. Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition.
Order Date :- 13.1.2016
DS/-
****************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1479 of 2016
Petitioner :- Manoj Kumar Verma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dhanbeer Mishra
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Connect this Writ Petition with Writ Petition No. 1254 of 2016 (Brijlal & 32 others v. State of U.P. & 2 others).
The petitioner has cleared his Central Teacher Eligibility Test with 82 marks..
In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 14.1.2016
ssm
******************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1234 of 2016
Petitioner :- Vidisha Panwar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Chandan Sharma,Abhishek Rai,Umesh Narain Sharma
Counsel for Respondent :- C.S.C.,Rajiv Joshi,Yatindra
Hon'ble Pradeep Kumar Singh Baghel,J.
1. The petitioner claims that she has successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011. She has secured 82 marks and belongs to reserved category.
2. In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
3. Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
4. List accordingly.
5. The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 13.1.2016
DS/-
************************************************** HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1484 of 2016
Petitioner :- Teerth Kumar
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Avinash Tiwari
Counsel for Respondent :- C.S.C., R.C. Singh, Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner claims that he has successfully cleared Uttar Pradesh Teacher Eligibility Test-2011 (Upper Primary Level) and has secured 82 marks. He belongs to reserved category.
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioner has made application in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioner is aggrieved by the aforesaid condition.
It is urged on behalf of the petitioner that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioner, who is similarly situated, may be given same benefit. His candidature may not be rejected only on the ground that he has earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first and fourth respondents, Sri R.C. Singh, learned Advocate, appears for the second and fifth respondents, and Sri Rijwan Ali Akhtar, learned Advocate, has put in appearance on behalf of the third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly, showing the name of Sri Rijwan Ali Akhtar as counsel for the respondents.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioner to appear in the counselling which is scheduled to be held from 18th January, 2016, however, his result shall abide by the decision of this writ petition.
Order Date :- 14.1.2016
SKT/-
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HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7
Case :- WRIT - A No. - 1254 of 2016 Petitioner :- Brijlal And 32 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,A.K. Yadav,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Thirty three petitioners have joined this writ petition. They claim that they have successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011 and 2013. All of them have secured 82 marks and they belong to reserved category.
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly. Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition.
Order Date :- 13.1.2016
DS/-
****************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1479 of 2016
Petitioner :- Manoj Kumar Verma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dhanbeer Mishra
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Connect this Writ Petition with Writ Petition No. 1254 of 2016 (Brijlal & 32 others v. State of U.P. & 2 others).
The petitioner has cleared his Central Teacher Eligibility Test with 82 marks..
In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 14.1.2016
ssm
******************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1234 of 2016
Petitioner :- Vidisha Panwar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Chandan Sharma,Abhishek Rai,Umesh Narain Sharma
Counsel for Respondent :- C.S.C.,Rajiv Joshi,Yatindra
Hon'ble Pradeep Kumar Singh Baghel,J.
1. The petitioner claims that she has successfully cleared Uttar Pradesh Teacher Eligibility Test (Upper Primary Level) 2011. She has secured 82 marks and belongs to reserved category.
2. In Writ-A No. 1254 of 2016 (Brijlal and others v. State of U.P. & others) the issue has been considered at length and an interim order has been passed. Relevant part of the said order reads as under:
"The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioners have made applications in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioners are aggrieved by the aforesaid condition.
It is urged on behalf of the petitioners that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioners, who are similarly situated, may be given same benefit. Their candidature may not be rejected only on the ground that they have earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first respondent and Sri A.K. Yadav, learned Advocate, appears for the second respondent, and Sri Rajiv Joshi, learned Advocate has put in appearance on behalf of third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioners to appear in the counselling which is scheduled to be held from 18th January, 2016, however, their result shall abide by the decision of this writ petition."
3. Respondents may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
4. List accordingly.
5. The benefit of the interim order in Brijlal & others (supra), extracted hereinabove, is extended to the petitioner herein also.
Order Date :- 13.1.2016
DS/-
************************************************** HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 1484 of 2016
Petitioner :- Teerth Kumar
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Avinash Tiwari
Counsel for Respondent :- C.S.C., R.C. Singh, Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner claims that he has successfully cleared Uttar Pradesh Teacher Eligibility Test-2011 (Upper Primary Level) and has secured 82 marks. He belongs to reserved category.
The National Council for Teacher Education (NCTE) has framed the guidelines vide notification dated 23rd August, 2010 laying down the minimum qualification for appointment as a teacher for Classes I to VIII. One of the requirements is to score 60% or more marks in Teacher Eligibility Test (TET). By another notification dated 11th February, 2011 the NCTE permitted the State Governments/ local bodies to grant relaxation to reserved category candidates. Accordingly, 5% relaxation was given to them. After 5% relaxation, the exact marks come to 82.5.
A difficulty arose that practically it was impossible to achieve 82.5 marks as there were objective questions and every question was assigned one mark, thus physically it was impossible to get the said marks, therefore, the NCTE has clarified by a notification dated 10th January, 2014 that all candidates under the reserved category who have secured 82 marks shall be treated as eligible for appointment as Assistant Teacher.
There was a long drawn litigation and the matter has been settled by a Division Bench of this Court in the case of Ajit Yadav and others v. State of U.P. and others, 2015 (8) ADJ 573 (DB), wherein the Court has held as under:
"23...We must note in this regard that all three decisions as reflected in the guidelines dated 11 February 2011, the further guidelines of 1 April 2011 and the decision as reflected in the communication dated 10 January 2014 are all of the expert body namely, NCTE. Once NCTE which had formulated the guidelines has taken a considered view in regard to the manner in which the pass marks for TET should be computed, there would be no occasion for this Court to interfere in that decision. Otherwise candidates from the batches of TET of 2011 and 2013 would have been unfairly ousted from applying for the post of Assistant Teacher for no fault of theirs, even though the matter has now been clarified by NCTE on 10 January 2014."
The State Government has addressed a communication dated 17th June, 2015 to the Secretary, Basic Shiksha Parishad to the effect that the candidates who have secured 82 marks in TET be allowed to appear in the counselling subject to the decision of the writ petitions pending on this issue.
On 12th August, 2015 the Secretary, Basic Shiksha Parishad has invited applications between 14th August, 2015 to 24th August, 2015 of those candidates who have secured 82 marks in the U.P.T.E.T. Examination-2013. It is stated that the petitioner has made application in pursuance of the notice dated 12th August, 2015. However, later on, by another communication dated 7th January, 2016 the Secretary, Basic Shiksha Parishad has confined the eligibility to only those candidates who have filed the writ petitions. Relevant part of the order dated 7th January, 2016 reads as under:
".... fjV ;kfpdk la[;k&22993@2015] fjV ;kfpdk la[;k&25130@2015 esa ikfjr vkns'kksa ds dze esa ;kph vH;fFkZ;ksa dks tuinksa }kjk ?kksf"kr vfUre dVvkQ esfjV ds vk/kkj ij dkmfUlfyax esa vufUre :i ls lfEefyr djus dk fu.kZ; fy;k x;k gSA"
The petitioner is aggrieved by the aforesaid condition.
It is urged on behalf of the petitioner that once the NCTE has clarified vide its notification dated 10th January, 2014 that all the candidates who have secured 82 marks shall be treated to be eligible for the appointment on the posts of Assistant Teacher, the petitioner, who is similarly situated, may be given same benefit. His candidature may not be rejected only on the ground that he has earlier not filed any writ petition.
Matter needs consideration.
Learned Standing Counsel has accepted notice on behalf of the first and fourth respondents, Sri R.C. Singh, learned Advocate, appears for the second and fifth respondents, and Sri Rijwan Ali Akhtar, learned Advocate, has put in appearance on behalf of the third respondent.
They may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List accordingly, showing the name of Sri Rijwan Ali Akhtar as counsel for the respondents.
Considering the facts of the case, a direction is issued upon the second respondent to permit the petitioner to appear in the counselling which is scheduled to be held from 18th January, 2016, however, his result shall abide by the decision of this writ petition.
Order Date :- 14.1.2016
SKT/-
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