HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH
Court No. - 26
Case :- SERVICE SINGLE No. - 2912 of 2015
Petitioner :- Ramesh Kumar And 8 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu.
Up At Lucknow & Others
Counsel for Petitioner :- Shailesh Kumar
Shukla,Rajesh Kumar Kashyap
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioners and
learned Standing Counsel appearing for the
respondent nos. 1, 2 and 3. Sri Ajay Kumar,
learned counsel has also been heard for
respondent no. 4.
Submission of learned counsel for the petitioners
is that the petitioners have been allowed to
complete their Special BTC Training, however, now
they are being denied appointment as Assistant
Teachers.
On the other hand, learned counsels representing
the respondents submit that the petitioners have
not applied for their appointment to the post of
Assistant Teacher and further that they are not
eligible for appointment for the reason that they
have not qualified the Teacher Eligibility Test.
Relying on the
Full Bench Judgment of this Court dated
31.05.2013, passed in the case of Shiv Kumar
Sharma Vs. State of U.P. & others, Civil Misc. Writ
Petition No. 12908 of 2013, it has been contended
by the learned counsels appearing representing the
respondents that now for appointment on the post
of Assistant Teacher, the Teacher Eligibility Test is
essential qualification.
Be that as it may, without entering into the merits
of the claim of the petitioners, the writ petition is
finally disposed of with the direction to the
Director, State Council of Education Research and
Training, Lucknow to take decision in the matter of
the petitioners. For the aforesaid purpose, the
petitioners shall make a representation within ten
days from today. If any such representation is
made, the same shall be considered and decided
by passing a speaking and reasoned order by the
Director, State Council of Education Research and
Training, Lucknow strictly in accordance with law
and also taking into account the Full Bench
decision dated 31.05.2013, passed by this Court in
the case of Shiv Kumar Sharma (Supra) within a
period of next two months from the date of
production of certified copy of this order along with
representation.
Order Date :- 27.5.2015
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LUCKNOW BENCH
Court No. - 26
Case :- SERVICE SINGLE No. - 2912 of 2015
Petitioner :- Ramesh Kumar And 8 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu.
Up At Lucknow & Others
Counsel for Petitioner :- Shailesh Kumar
Shukla,Rajesh Kumar Kashyap
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioners and
learned Standing Counsel appearing for the
respondent nos. 1, 2 and 3. Sri Ajay Kumar,
learned counsel has also been heard for
respondent no. 4.
Submission of learned counsel for the petitioners
is that the petitioners have been allowed to
complete their Special BTC Training, however, now
they are being denied appointment as Assistant
Teachers.
On the other hand, learned counsels representing
the respondents submit that the petitioners have
not applied for their appointment to the post of
Assistant Teacher and further that they are not
eligible for appointment for the reason that they
have not qualified the Teacher Eligibility Test.
Relying on the
Full Bench Judgment of this Court dated
31.05.2013, passed in the case of Shiv Kumar
Sharma Vs. State of U.P. & others, Civil Misc. Writ
Petition No. 12908 of 2013, it has been contended
by the learned counsels appearing representing the
respondents that now for appointment on the post
of Assistant Teacher, the Teacher Eligibility Test is
essential qualification.
Be that as it may, without entering into the merits
of the claim of the petitioners, the writ petition is
finally disposed of with the direction to the
Director, State Council of Education Research and
Training, Lucknow to take decision in the matter of
the petitioners. For the aforesaid purpose, the
petitioners shall make a representation within ten
days from today. If any such representation is
made, the same shall be considered and decided
by passing a speaking and reasoned order by the
Director, State Council of Education Research and
Training, Lucknow strictly in accordance with law
and also taking into account the Full Bench
decision dated 31.05.2013, passed by this Court in
the case of Shiv Kumar Sharma (Supra) within a
period of next two months from the date of
production of certified copy of this order along with
representation.
Order Date :- 27.5.2015