माननीय उच्च न्यायालय इलाहाबाद ने बीएड टीईटी 2011 उत्तीर्ण
अभ्यर्थियों को 23 जनवरी 2018 को सहायक अध्यापक भर्ती परीक्षा में सम्मिलित
करने का आदेश पारित किया।।।
सभी लोग धैर्य रखें टीम कार्य कर रही है हर एक पहलू को ध्यान में रखते हुए विधिक कार्यवाही की जा रही है सड़क से लेकर कोर्ट तक अंत तक प्रयास किया जाएगा।।
?Court No. - 58
Case :- WRIT - A No. - 9153 of 2018
Petitioner :- Harendra Singh Nishad And 7 Others
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Agnihotri Kumar Tripathi,Anil Kumar Singh Bishen
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Agnihotri Kumar Tripathi,Anil Kumar Singh Bishen
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
Following prayers have been made in the writ petition:-
(i) "Issue a writ, order or direction in the nature of Mandamus directing the respondents to consider the claim of the petitioners regarding their selection on the post of Trainee Teachers/Assistant Teachers against 6170 posts of Trainee Teachers/Assistant in pursuance of which advertisement was issued on 30.11.2011 by the District Basic Education Officer of the concerned districts of State of U.P. within stipulated period of time as fixed by this Hon'ble Court.
(ii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) Award the cost of the writ petition to the petitioner."
Learned counsel for the petitioners places reliance upon an observation of the Apex Court in State of U.P. and others Vs. Shiv Kumar Pathak in Civil Appeal No.4347-4375 of 2014 dated 25.07.2017. Observation of the Hon'ble Supreme Court contained in para-19 of the judgment which reads as under:-
" We have been informed that 66,655 teachers have already been appointed in pursuance of the interim orders of this Court. Having regard to the entirety of circumstances, we are not inclined to disturb the same. We make it clear that the State is at liberty to fill up the remaining vacancies in accordance with law after issuing a fresh advertisement."
It is apparent that the Hon'ble Supreme Court has left it for the State to fill up remaining vacancies in accordance with law after issuing a fresh advertisement.
Sri Vivek Rai, learned Additional Chief Standing Counsel states that such an advertisement has now been issued on 23.01.2018. He also submits on the basis of instructions that the advertisement dated 23.01.2018.
There is no justification for this Court to issue any mandamus to the State to fill up the post or to take a decision, once an observation has already been made by the Hon'ble Supreme Court. Petitioners otherwise are free to apply pursuant to the advertisement issued.
Writ petition is accordingly consigned to records.
Order Date :- 3.4.2018
Ashutosh
Following prayers have been made in the writ petition:-
(i) "Issue a writ, order or direction in the nature of Mandamus directing the respondents to consider the claim of the petitioners regarding their selection on the post of Trainee Teachers/Assistant Teachers against 6170 posts of Trainee Teachers/Assistant in pursuance of which advertisement was issued on 30.11.2011 by the District Basic Education Officer of the concerned districts of State of U.P. within stipulated period of time as fixed by this Hon'ble Court.
(ii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iii) Award the cost of the writ petition to the petitioner."
Learned counsel for the petitioners places reliance upon an observation of the Apex Court in State of U.P. and others Vs. Shiv Kumar Pathak in Civil Appeal No.4347-4375 of 2014 dated 25.07.2017. Observation of the Hon'ble Supreme Court contained in para-19 of the judgment which reads as under:-
" We have been informed that 66,655 teachers have already been appointed in pursuance of the interim orders of this Court. Having regard to the entirety of circumstances, we are not inclined to disturb the same. We make it clear that the State is at liberty to fill up the remaining vacancies in accordance with law after issuing a fresh advertisement."
It is apparent that the Hon'ble Supreme Court has left it for the State to fill up remaining vacancies in accordance with law after issuing a fresh advertisement.
Sri Vivek Rai, learned Additional Chief Standing Counsel states that such an advertisement has now been issued on 23.01.2018. He also submits on the basis of instructions that the advertisement dated 23.01.2018.
There is no justification for this Court to issue any mandamus to the State to fill up the post or to take a decision, once an observation has already been made by the Hon'ble Supreme Court. Petitioners otherwise are free to apply pursuant to the advertisement issued.
Writ petition is accordingly consigned to records.
Order Date :- 3.4.2018
Ashutosh
