Showing posts with label Allahabad Highcourt. Show all posts
Showing posts with label Allahabad Highcourt. Show all posts

Thursday, 4 February 2016

UPTET SARKARI NAUKRI News - Transfer Policy UP Govt Date 4th June 2014 Provided to post Husband and Wife at the Same Place -

UPTET SARKARI NAUKRI   News - Transfer Policy UP Govt Date 4th June 2014 Provided to post Husband and Wife at the Same Place 




Transfer Policy of the State Government dated 4.6.2014 in Clause 1 (Gha), it is provided that if the husband and wife both are in service, in that event,� there should be endeavour to post them at the same place



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 4 

Case :- WRIT - A No. - 47819 of 2015 

Petitioner :- Lady Constable Pramita Kumari 
Respondent :- State Of U.P. And 4 Others 
Counsel for Petitioner :- Mohd. Umar Khan 
Counsel for Respondent :- C.S.C. 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner is a lady constable in Civil Police in district Bijnor.� It is� stated on behalf of the petitioner that petitioner is in the family way. Her husband is also constable and is presently posted at district Saharanpur. The grievance of the petitioner is that for couple posting she has made a representation dated 20.7.2015 to the Second respondent� but to no avail. 
It is contended on behalf of the petitioner that in� the Transfer Policy of the State Government dated 4.6.2014 in Clause 1 (Gha), it is provided that if the husband and wife both are in service, in that event,� there should be endeavour to post them at the same place. 
In the matter of transfer the Courts do not ordinarily interfere as it is under the domain of the Administration and the Executive. The law is fairly well settled that if an employee is facing some hardship he may approach the concerned authority to ventilate his/her grievance. 
Accordingly, in my view, the end of justice would be subserved by issuing a direction upon the Second respondent to consider the cause of the petitioner and pass appropriate order expeditiously preferably within a period of two months from the date of communication of this order in accordance with law. 
With the aforesaid observations and order, writ petition is finally disposed of.� 
No order as to costs. 
Order Date :- 25.8.2015 
ssm 

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UPTET SARKARI NAUKRI News - Husband Wife Posting Same Place -

UPTET SARKARI NAUKRI   News - Husband Wife Posting Same Place 



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 20 

Case :- SERVICE SINGLE No. - 4356 of 2013 

Petitioner :- Smt. Richa Awasthi 
Respondent :- State Of U.P. Through Secy. Basic Edu. Deptt. Lko. & Ors. 
Counsel for Petitioner :- Anurag Narain 
Counsel for Respondent :- C.S.C.,Ajai Kumar,Rajeev Singh Chauhan 

Hon'ble Devendra Kumar Arora,J. 
Notice on behalf of opposite party no. 1 has been accepted by learned Chief Standing Counsel. Shri Rajiv Singh Chauhan, Advocate has accepted notice on behalf of opposite parties no. 2 to 4. 
Heard learned counsel for parties and perused the record. 
By means of present writ petition, the petitioner seeks a writ in the nature of mandamus commanding the opposite parties to consider and transfer her at the place of posting of her husband at district Hardoi from district Sitapur on the post of Asst. Teacher, Junior High School, as per policy of the U.P. Government. 
Submission of learned counsel for the petitioner is that the petitioner as well as her husband namely, Raghvendra Pandey, both are teachers. Presently, petitioner is posted as Head Teacher at Primary School, Samsapur, block Mishrikh, district Sitapur whereas her husband is posted as Head Teacher, Primary School, Bheetha Mahasingh, block Ahirori, district Hardoi. As per transfer policy, as far as possible, husband and wife are required to be posted at same place/ district. 
Further submission is that the petitioner moved an application for her transfer to the authorities concerned in the prescribed format on 26.3.2009 which was duly forwarded by the authority concerned. Again, in the year 2011, petitioner submitted application form 'on line' for her transfer from Sitapur to Hardoi so that she could live with her husband. Lastly, in the year 2013, petitioner again submitted her application form in the prescribed format for her transfer from Sitapur to Hardoi on 29.5.2013 (Annexure No. 5) but petitioner's case for transfer was not considered. The petitioner, being aggrieved with in-action of opposite parties, is constrained to approach this Court.� 
Learned counsel for the petitioner, after arguing at some length, submitted that it would be in the interest of justice that necessary directions be issued to the Secretary, Basic Education, Allahabad (Opposite Party No. 2) to consider and decide the petitioner's representation dated 15.7.2013 (Annexure No. 8) within a stipulated period fixed by this Court. 
Shri Rajiv Singh Chauhan, learned counsel for opposite parties has no objection to this prayer of learned counsel for the petitioner. 
In view of the above, this writ petition is disposed of finally with the direction to the Secretary, Basic Education, Allahabad (Opposite Party No. 2) to consider and decide the petitioner's representation dated 15.7.2013 (Annexure No. 8) in accordance with law, by passing speaking & reasoned order within one month from the date of receipt of certified copy of this order and the decision so taken, be also communicated to the petitioner. 

Order Date :- 30.7.2013 
ashok 

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UPTET SARKARI NAUKRI News - Husband Wife Posting Same Place, If husband transfer not possible the consider wife's transfer to post at same place -

UPTET SARKARI NAUKRI   News - Husband Wife Posting Same Place, If husband transfer not possible the consider wife's transfer to post at same place 



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 20 
Case :- SERVICE SINGLE No. - 8043 of 2011 
Petitioner :- Smt. Sumitra Singh 
Respondent :- Director Bal Vikas Evam Pustahar Lucknow 
Petitioner Counsel :- S.K.Singh 
Respondent Counsel :- C.S.C. 

Hon'ble Devendra Kumar Arora,J. 
Heard learned counsel for the parties. 
By means of present writ petition, the petitioner is seeking a writ of mandamus thereby commanding the respondent to transfer to petitioner in accordance with transfer policy laid down by the State Government. 
The submission of learned counsel for the petitioner is that the petitioner and her husband both are government servant.� The petitioner is presently working on the post of Mukhya Sevika, Block Baansdeeh, District Ballia, whereas the petitioner's husband is working� on non-transferable post as teacher in Shri Shiv Pujan Inter College, Malsa Ghazipur, District Ghazipur. 
It is further submitted by learned counsel for the petitioner that the government policy provides that if husband and wife are government servant, as far as possible, they should be posted at one place.� Since the job of the petitioner's husband is non-transferable, therefore, the petitioner approach the opposite party by means of representation dated 12.02.2011 for seeking her transfer to district Ghazipur. The grievance of the petitioner is that the opposite party is sitting tight over the matter and no action has been taken on the same. 
Learned counsel for the petitioner after arguing at some length prays that ends of justice would be served if necessary directions are issued to the opposite party to consider and decide the representation of the petitioner dated 12.02.2011 (Annexure-3 to the writ petition) regarding her transfer to district Ghazipur in accordance with law/ policy of the State Government, within time frame fixed by this Court. 
Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner. 
Taking into consideration the innocuous prayer of learned counsel for the petitioner, without entering into merits of the case, the Director, Bal Vikas Evam Pushtahar, U.P., Lucknow� is hereby directed to consider and decide the representation of the petitioner dated 12.02.2011 (Annexure-3 to the writ petition) in accordance with law/ policy of the State Government within a period of two months from the date of receipt of a certified copy of this order. 
With the aforesaid observations and directions, the writ petition is disposed of finally. 
Order Date :- 4.11.2011 
Suresh/ 

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UPTET SARKARI NAUKRI News - Husband Wife Posting Same Place , Court directed to consider at same place -

UPTET SARKARI NAUKRI   News - Husband Wife Posting Same Place , Court directed to consider at same place - 

In Special Circumstances, 5 year rule relaxed in case of ladies, And they will be considered for posting at Huasband's place -

 that in normal circumstances the teachers will not be considered for inter district transfer for five years, but in special circumstances and in case of ladies, their application for transfer to the place of their husbands/inter district transfer will be considered.


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 23

Case :- SERVICE SINGLE No. - 126 of 2011

Petitioner :- Smt. Sujata Rani W/O Mahak Singh
Respondent :- State Of U.P. Thru Secretary Basic Education & Ors.
Petitioner Counsel :- Devendra Singh
Respondent Counsel :- C.S.C.,J.P. Maurya

Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for commanding opposite party no. 3 to take a decision on the recommendation sent by the opposite party no. 2 on 9.7.2010 with respect to transfer of the petitioner from Shahjahanpur to Muzaffar Nagar.
The submission of� learned counsel for the petitioner is that the petitioner was appointed on the post of Assistant Teacher on 11.07.2009 and presently posted at Shahjahanpur. The marriage of the petitioner was solemnized with Shri Mahak Singh, who is resident of District Muzaffar Nagar. � The petitioner after her marriage moved an application for her transfer from Shahjahanpur to Muzaffar Nagar on 17.4.2010 before Zila Basic Shiksha Adhikari, Shahjahanpur and he� recommended for transferring the petitioner from Shahjahanpur to Muzaffar Nagar and after no objection, the matter was referred to Sachiv Basic Shiksha Parishad, Allahabad.� Sachiv Basic Shiksha Parishad, Allahabad forwarded the matter of the petitioner to the State Government vide letter dated 6th August, 2010.� The grievance of the petitioner is that opposite parties are sitting tight over the recommendation of Sachiv Basic Shiksha Parishad, Allahabad and have not taken any decision.� Further submission of� learned counsel for the petitioner is that Uttar Pradesh Basic Education (Teachers) (Postings) (First Amendment) Rules, 2010 (herein referred to as the 'first amendment Rule, 2010') provides that in normal circumstances the teachers will not be considered for inter district transfer for five years, but in special circumstances and in case of ladies, their application for transfer to the place of their husbands/inter district transfer will be considered.� Since the husband of the petitioner is resident of district Muzaffar Nagar, therefore, the application of the petitioner is liable to be considered in pursuance to provisions of First Amendment Rule, 2010.
The precise prayer of� learned counsel for the petitioner is that direction be issued to State Government to consider and decide the issue of transfer of the petitioner in pursuance to the recommendation dated 9.7.2010 (Annexure No. 6 to the writ petition).
Learned Standing Counsel has no objection to this prayer of learned counsel for the petitioner.
In view of the above, without entering into the merits of the case,� the present petition is disposed of finally with a direction to Secretary Basic Education, Government� of U.P. to consider and take decision with respect to transfer of the petitioner from� Shahjahanpur to Muzaffar Nagar in pursuance to the recommendation sent by Sachiv Basic Shiksha Parishad, Allahabad (Annexure No. 6 to the writ petition)� taking into consideration Uttar Pradesh Basic Education (Teachers) (Postings) (First Amendment) Rules, 2010� within a period of six weeks from the date of receipt of a certified copy of this order and the decision so taken be also communicated to the petitioner.� 
With the aforesaid directions, this writ petition is finally disposed of. 
Order Date :- 12.1.2011
Tanveer/-


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UPTET SARKARI NAUKRI News - Posting of Husband Wife Posting at Same Place, Husband posted at other place But Court helps them by stay on Transfer order and gave relief to husabnd -

UPTET SARKARI NAUKRI   News - Posting of Husband Wife Posting at Same Place, Husband posted at other place But Court helps them by stay on Transfer order and gave relief to husabnd 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 33 

Case :- WRIT - A No. - 22776 of 2015 

Petitioner :- Smt. Usha 
Respondent :- State Of U.P. And 3 Ors. 
Counsel for Petitioner :- V.K. Tripathi 
Counsel for Respondent :- C.S.C. 

Hon'ble Vivek Kumar Birla,J. 
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. 
The petitioner is working as Grih Mata Rajkiya Pramadit Sanstha (Bhi. Gri.) at Mathura. Her husband is also posted at Mathura and is working as Head Master in Primary School Dhangoan Pratham, Mathura. By means of the transfer order dated 13.4.2015, the petitioner has been transferred from Mathura to Rajkiya Ashram Pandhati Vidyalaya Balika Inter College, Shekhui Kala, Balrampur in public interest. 
The grievance of the petitioner is that her husband is posted at Mathura and her children are also studying in Classes 6 and 7 at Mathura. The counsel for the petitioner has drawn my attention to a government policy dated 9.4.2015 in which it has been provided that if possible both the husband and wife should be posted at one place/district. 
Undisputedly, the petitioner is working at Mathura since the year 2004 and 11 years have already lapsed. As such, she has already worked at Mathura for 11 years. 
However, in view of the facts and circumstances of this case and keeping in view the transfer policy, it is provided that the petitioner may make a representation before the authority concerned who has passed the transfer order dated 13.4.2015 within ten days from today along with certified copy of this order. The same shall be considered and decided by authority concerned, in accordance with law, preferably within a period of two weeks from the date of filing of such representation . 
Till the disposal of the representation of the petitioner, the impugned transfer order dated 13.4.2015 shall remain in abeyance. 
It is made clear that in case the representation is not filed by the petitioner within ten days from today, the interim protection granted by this Court shall stand automatically vacated. 
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs. 
Order Date :- 22.4.2015 
aBhiSheK 

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Friday, 29 January 2016

UPTET SARKARI NAUKRI News - - याची के पति की मृत्यु के बाद चतुर्थ श्रेणी (चपरासी ) की नौकरी को याची ने नहीं लिया , बाद में बी टी सी व् टेट पास किया, कोर्ट ने 2 महीने के अंदर टीचर पद हेतु शीघ्रता से निर्णय लेने को कहा

UPTET SARKARI NAUKRI   News - 
याची के पति की मृत्यु के बाद चतुर्थ श्रेणी (चपरासी ) की नौकरी को याची ने नहीं लिया , बाद में बी टी सी व् टेट पास किया, कोर्ट ने 2 महीने के अंदर  टीचर पद हेतु शीघ्रता से निर्णय लेने को कहा 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 
Case :- WRIT - A No. - 2692 of 2016 
Petitioner :- Jyoti Sharma 
Respondent :- State Of U.P. And 4 Others 
Counsel for Petitioner :- Siddharth Khare,Ashok Khare 
Counsel for Respondent :- C.S.C.,R.B. Yadav 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner's husband late Sri Yogesh Prasad was a permanent Assistant Teacher in a Primary School run by the Board of Basic Education, in district Agra. It is stated that unfortunately he died-in-harness on 23rd May, 2013. The petitioner moved an application in the year 2013 for her appointment on a post of non-teaching staff. She was offered an appointment on a class-IV post. 
The petitioner preferred a writ petition i.e. Civil Misc. Writ Petition No. 60874 of 2013 challenging the said decision on the ground that she is entitled for being appointed as a class-III post. It is stated that on assurance of the respondents, she withdrew her writ petition.� 
Now the grievance of the petitioner is that in the meantime she did her BTC and has also cleared U.P. Teacher Eligibility Test 2013-14 (Primary Level), hence, according to the petitioner, she is entitled for the appointment on the post of Assistant Teacher in terms of various Government Orders issued from time to time.� 
Learned Counsel for the petitioner urged that the application of the petitioner has not been considered as yet. 
I have heard learned Counsel for the petitioner, learned Standing Counsel and the learned Counsel for the respondent nos. 2, 4 & 5. 
Taking into consideration the facts and circumstances of the case, a direction is issued upon the fourth respondent to consider the cause of the petitioner and take a decision in accordance with law expeditiously, preferably within two months from the date of communication of this order. 
The writ petition is, accordingly, disposed of. 
No order as to costs. 
Order Date :- 21.1.2016 
DS/- 

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UPTET SARKARI NAUKRI News - बी टी सी की सीट्स खाली रहने के बाद में अकादमिक सेशन में देरी होने के कारण एक नियत तिथी के बाद नहीं भरी जा सकती , सुप्रीम कोर्ट के आदेश के अनुपालन में हाई कोर्ट ने बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश -

UPTET SARKARI NAUKRI   News - बी टी सी की सीट्स खाली रहने के बाद में अकादमिक सेशन में देरी होने के कारण एक नियत तिथी के बाद नहीं भरी जा सकती , सुप्रीम कोर्ट के आदेश के अनुपालन में हाई कोर्ट  ने  बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

Reserved 


Civil Misc. Writ Petition No. 2413 of 2016 

Krishna College of Sports & Education and others 

Versus 

State of U.P. and others 

____________ 

Hon'ble Manoj Kumar Gupta, J. 

1. The petitioners are educational Institutions having recognition from National Council for Teacher Education for running 2 years elementary level D.El.Ed. (BTC Course). They also have affiliation from the State Government. The petitioners have approached this Court seeking issuance of a writ of mandamus commanding the respondents to allot students to the petitioners' Institutions against the remaining vacant seats of BTC Course for Academic Session 2014-15. Their case is that after two rounds of counselling, number of seats had remained vacant in their Institutions and consequently, the respondents are under obligation to allot students to the petitioners' Institutions by conducting another round of counselling. 
2. It is averred in paragraph 12 of the writ petition that the first round of counselling had taken place at DIET, Agra from 9 September 2015 to 16 September 2015. In paragraph 14 of the writ petition, it is stated that the remaining seats were sought to be filled up by conducting the second round of counselling from 18 September 2015 to 21 September 2015. Even thereafter, number of seats remained vacant in the petitioners' Institutions and, therefore, their case is that the respondents ought to have conducted another round of counselling for recommending students for admission to BTC Course in the petitioners' Institutions. It is contended that in other districts, the remaining vacant seats were filled up by holding third and fourth round of counselling and thus, similar procedure should have been adopted in district Agra as well. 
3. The Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evam Prashikshan Sansthan Versus National Council for Teacher Education and others1 decided on 8 September 2015 has issued following directions in relation to BTC Course in the State of Uttar Pradesh : - 
"(i) The commencement of the Academic Session 2014-2015 will be from the date as mentioned on behalf of the State of Uttar Pradesh i.e. 22nd September,2015. The session will commence for the seats available against the first, second and third batch of seats/students mentioned in the Chart extracted above, meaning thereby that for the Academic Session 2014-2015 the seats available against the fourth and fifth batch will not be filled up. 

(ii) The Academic Session 2014-2015 will be brought to a close on completion of the mandatory number of working days at the earliest and without any delay. 

(iii) The Academic Session 2015-2016 will commence on 22nd September, 2016 and affiliations/admissions etc. in respect of the said Academic Year would stand concluded well in time to enable the commencement of the Session from the date mentioned i.e. 22nd September, 2016. 

(iv) The Academic Session 2015-2016 similarly will be brought to its earliest conclusion so that the next Academic Session can begin as per the original academic calendar i.e. July, 2017 and thereafter each Academic Session will strictly adhere to the academic calendar of the State. 

(iv) We direct all Authorities i.e. NCTE and SCERT to strictly comply with and adhere to the above directions and not to permit recognition or affiliation beyond the dates mentioned in Maa Vaishno Devi Mahila Mahavidyalaya (supra) and not to grant admissions beyond such dates which may have the effect of putting the date of commencement of the concerned Academic Session itself in peril." 

4. The aforesaid directions were issued by the Supreme Court in the context of the prayer made before it by various educational institutions for ante-dating the recognition granted to them by National Council for Teacher Education to Academic Session 2013-14 or Academic Session 2014-15. The plea was based on the contention that the Academic Session 2015-16 had yet not commenced and Academic Session 2013-14 and 2014-15 are inordinately delayed. It was urged before the Supreme Court that in case they were not permitted to admit students during the Academic Session 2014-15, which had yet not commenced, it would be a waste of available infrastructure and manpower. However, the Supreme Court repelled the plea urged in this regard and specifically provided that Academic Session 2014-15 would commence from 22 September 2015. In the present case, as noted above, until 21 September 2015, two rounds of counselling had taken place at Agra and in pursuance whereof candidates were recommended for admission to the petitioners' Institutions. It seems that even after the second round of counselling, certain seats remained vacant. The Supreme Court had directed for commencement of Academic Session 2014-15 from 22 September 2015 meaning thereby that the process of admission was to be completed before the said date. In such view of the matter, this Court is of the opinion that no illegality has been committed by the respondents in not holding another round of counselling, as the session had commenced from 22 September 2015. 
5. This Court while deciding a batch of writ petitions leading case being Committee of Management Baba Ram Nath Utkarsh Mahavidyalaya and another Versus State of U.P. And others2, has held that the time schedule prescribed by the Supreme Court is sacrosanct and has to be complied with by every authority/person/council/committee. It has further been held in the said judgment by placing reliance on the Supreme Court decision in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of U.P. and others3 that the time frame prescribed can not be relaxed even by Courts. Consequently, the plea of the petitioners that in some districts, the State had held third and fourth round of counselling, after 22 September 2015, can not be made a ground to issue a direction to the authorities, which would be in the teeth of the time frame prescribed by the Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evem Prashikshan Sansthan (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra). 
6. Consequently and for the reasons given above, the writ petition lacks merit and is dismissed. 

(Manoj Kumar Gupta, J) 
Dated: 27th January 2016 
AM/- 


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UPTET SARKARI NAUKRI News -टी ई टी पास याची का पति डाकुओं द्वारा मार दिया गया , कोर्ट ने पति के स्थान पर काम करने के मामले में 2 महीने के अंदर बी एस ए को कानूनानुसार निर्णय लेने को कहा -

UPTET SARKARI NAUKRI   News -टी ई टी पास याची का पति डाकुओं द्वारा मार दिया गया , कोर्ट ने पति के स्थान पर काम करने के मामले में 2 महीने के अंदर बी एस ए को  कानूनानुसार निर्णय लेने को कहा  



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 2746 of 2016 

Petitioner :- Smt Pankaj Kumari 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Lakshman Singh 
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner's husband was an Assistant Teacher in a Primary School run by the U.P. Board of Basic Education. It is stated that he was killed by the dacoits on 27th November, 2012, while he was in harness. The petitioner claims that she has necessary qualification for being appointed as an Assistant Teacher. She claims that she did her B.Ed., L.T. and has also cleared Uttar Pradesh Teacher Eligibility Test 2013-14, a copy whereof is placed by her on the record as annexure-3 to the writ petition. 
It is stated that for her appointment the petitioner has made a representation to the District Basic Education Officer on 12th February, 2013 but no decision has been taken as yet. 
I have heard learned Counsel for the petitioner, learned Standing Counsel appearing for the State functionaries and Sri K.K. Chand, learned Counsel for the respondent nos. 2 & 4. With their consent the writ petition is being disposed of finally, at this stage, in terms of the Rules of the Court. 
Having regard to the facts and circumstances of the case, it would be in the interest of justice that a direction� be issued upon the District Basic Education Officer to consider the cause of the petitioner and pass appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order. 
The writ petition is, accordingly, disposed of. 
No order as to costs. 
Order Date :- 27.1.2016 
DS/- 

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UPTET SARKARI NAUKRI News - Junior aur Primary Dono Mein Selected ne Primary Mein Training ki Rahat Mangee, Court ne Rahat dee kee Primary Kee Last Counseling Tak Abhyarthan Bana Rahegaa Agar Seats Nahin Bhrtee Hai To -

UPTET SARKARI NAUKRI   News - Junior aur Primary Dono Mein Selected ne Primary Mein Training ki Rahat Mangee, Court ne Rahat dee kee Primary Kee Last Counseling Tak Abhyarthan Bana Rahegaa Agar Seats Nahin Bhrtee Hai To  



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 52 of 2016 

Petitioner :- Nazia Khan 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Radhey Raman Mishra 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta 

Hon'ble Pradeep Kumar Singh Baghel,J. 
Learned counsel for the petitioner is permitted to implead the Director, SCERT, Lucknow as one of the respondents during the course of the day. 
The petitioner is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School. 
Previously, an advertisement was made on 30.11.2011 for recruitment of the Assistant Teachers in the Junior Basic Schools against 72825 vacancies. Later on, vide advertisement dated 13.07.2013, the respondents called applications for the appointment of 29334 Assistant Teachers (Mathematics and Science) in Senior Basic Schools. 
It is stated that the petitioner has applied against both the advertisement and she has been selected as Assistant Teacher (Mathematics and Science) in the Senior Basic School and as Trainee Teacher in the Junior Basic School. The petitioner has completed her six months' training as Trainee Teacher in the Junior Basic School but at present she is working as Assistant Teacher (Mathematics and Science) in the Senior Basic School. 
Their grievance is that the entire recruitment process pursuant to the advertisement dated 11.08.2013 is under cloud as various writ petitions and special appeals in this Court are pending. 
In the meantime, fourth round of counselling is going on for the Trainee Teachers wherein the petitioner has been directed to submit her original educational testimonials within 15 days, failing which, her selection as Trainee Teacher in the Junior Basic School shall stand cancelled. 
Learned counsel for the petitioner further submits that the original educational testimonials have been deposited with the authorities of the Senior Basic Schools, therefore, she is unable to produce it for her appointment as Trainee Teacher. 
It is submitted by the learned counsel for the respondents that in case any interim order is granted, it would cause serious prejudice to complete the selection of the Training Teachers in compliance of the order of Supreme Court. 
Learned counsel for the petitioner in rejoinder submits that there are still large number of vacancies of the Trainee Teachers even after completing the present counselling for the Training Teachers. 
Having regard to the facts and circumstances of the case, a direction is issued to respondents to complete the present counselling and the selection in compliance of the order of the Supreme Court but the petitioner shall be considered in the last round of the counselling, if the post remains vacant. 
Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 
List after expiry of the aforesaid period. 
Till the last selection is completed, the claim of the petitioner shall not be cancelled. 
Order Date :- 8.1.2016 
S.Sharma 



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