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Saturday, February 21, 2015

UPTET SARKARI NAUKRI News - ATTESTED DOCUMENT SE JRT + PRT DONO MEIN COUNSELING KARANE KO COURT KA AADESH 19 FEB 2015 -

UPTET SARKARI NAUKRI News - ATTESTED DOCUMENT SE JRT + PRT DONO MEIN COUNSELING KARANE KO COURT KA AADESH 19 FEB 2015 -


COUNSELING HO CHUKEE , LEKIN LAGTA HAI KI AB FIR KUCH PETITIONRS KO CHANCE MILNE VAALA HAI

CANDIDATURE PAR KOEE AFFECT NAHIN HOGAA, DONO MEIN NIYUKTI PAR KOEE ASAR NAHIN HOGAA. NIYUKTI COURT KE ANTIM NIRNAY KE ADHEEN RAHEGEE

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19 FEB 2015 KO ALLAHABAD HIGH COURT NE YEH AADESH JAAREE KIYAA HAI :-

it is provided that opposite party no.6/District Basic Education Officer, Unnao shall� allow the petitioner to participate in the counseling for the post in question on production of her education testimonials duly attested. Her selection shall abide by the result of the writ petition.
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JRT SE ORIGINAL DOCUMENT NIKALNE PAR CANDIDATE KO MAJBOORAN AFFIDEVIT DENA PADTAA THAA KI AB VHE JRT BHRTEE PAR DAVA NAHIN KAR SAKENGE, LEKIN COURT NE IS BAARE MEIN RAAHAT DEE HAI, SAATH HEE PETITIONER KO PRIMARY TEACHER KEE COUNSELING MEIN SHAMIL KARNE KAA AADESH DIYAA HAI -
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For returning the documents, the authorities imposed a condition for submitting affidavit to the effect that the petitioners will not stake claim for appointment in SBS
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Both JRT + PRT Counseling Order, 29334 Junior High School Science Math Teacher Recruitment, 72825  Teacher Recruitment, Allahabad Highcourt,


HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 18
Case :- SERVICE SINGLE No. - 283 of 2015
Petitioner :- Kumari Kiran Rani
Respondent :- State Of U.P. Through Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Vinay Mishra
Counsel for Respondent :- C.S.C.,Jyoti Sikka
Hon'ble Anil Kumar,J.
Heard Shri Vinay Mishra, learned counsel for the petitioner, learned State Counsel appearing on behalf of the opposite party nos.1 to 3 and 5, Ms. Jyoti Sikka, learned counsel appearing on behalf of the opposite party nos.4 and 5 and perused the record.
Learned counsel for the petitioner, for the purpose of interim relief, submits that in an identical matter, this Court has passed an order dated 17.10.2014 in Writ Petition No.6013 (SS) of 2014 which on reproduction reads as under :-
"Heard counsel for the petitioners, learned standing counsel appearing on behalf of respondent Nos. 1 to 3 & 5 to 9, Sri Neeraj Chaurasiya for respondent Nos. 4 & 14, Sri Vindhyawashini Kumar for respondent No. 12, Sri S.K. Yadav for respondent No. 10, Sri Ajay Kumar for respondent No. 13 and Sri Ghaus Beg on behalf of respondent No. 11.
They pray for and are granted four weeks for filing counter affidavit. The petitioners shall have two weeks thereafter to file rejoinder affidavit.
List immediately thereafter.
The petitioners herein have applied for appointment on the post of Assistant Teachers (Mathematics and Science) in Senior Basic Schools (for short SBS). They were called for counselling. At the time of counselling, they submitted their original testimonials. In the meantime, the petitioners received intimation for counselling, as trainee teachers in Primary Schools, pursuant to another advertisement, for filling up vacancies of Assistant teachers in Primary Schools, run by the Board. In the said counselling, the condition was that the candidate has to submit his original certificates and testimonials. In order to participate in the said counselling, the petitioners requested the authorities, who have held the selection SBS to return their original testimonials. For returning the documents, the authorities imposed a condition for submitting affidavit to the effect that the petitioners will not stake claim for appointment in SBS. The case of the petitioners is that under compelling circumstances, they have furnished such an undertaking and whereupon, their original testimonials were returned to them. It is the admitted case of the petitioners that, thereafter, they have participated in the counselling for the trainee teacher in Primary Schools, where they had deposited their original testimonials.
In the meantime, a number of writ petitions were filed before this Court wherein, several directions were issued, one of which dated 26th September 2014 in Writ Petition No. 6390 (S/S) of 2014 - Neha Singh Versus State of U.P., mandated the Principal Secretary, Basic Education, to issue direction to Principals, DIET and District Basic Education Officers of the State to permit the candidates to participate in the counselling for trainee teachers on the basis of attested testimonials. The case of the petitioners is that pursuant to the said directions, the Principal Secretary, Basic Education, U.P. had issued a Circular, entitling the candidates to appear in the counselling for trainee teachers on basis of attested testimonials.
The petitioners, after having come to know of such general direction issued by this Court and the Circular issued in this regard by the Principal Secretary, Basic Education, U.P., has approached this Court by way of instant writ petition for a mandamus directing the respondents to consider their candidature for appointment as Assistant teachers in SBS on basis of counselling already held.
Learned counsel appearing on behalf of respondent Nos. 2 & 4 submitted that the petitioners have already appeared in the counselling for appointment in SBS and have thereafter submitted their affidavit, giving up their claim. Now, they can not resile from the undertaking given by them.
It is not disputed that under the general direction issued by this Court on 26th September 2014 in Writ Petition No. 6390 (S/S) of 2014, the Principal Secretary, Basic Education, U.P. has issued a Circular whereunder, the candidates are now being permitted to participate in the counselling for the post of trainee teachers on basis of certified testimonials. Evidently, the petitioners have submitted their affidavit under compelling circumstances. Prima facie, I am of the opinion that in the aforesaid facts and circumstances, the petitioners rightly contend that their claim for appointment on the post of Assistant teachers (Maths and Science) in Senior Basic Schools, can not be forfeited. As such, interest of justice would be served in providing that the claim of the petitioners for appointment on the post of Assistant teachers (Maths and Science) in Senior Basic Schools, shall remain alive till further orders of this Court. Such of the petitioners as are willing to appear in the next round of counselling, shall be permitted to appear provisionally, on the basis of attested testimonials, without prejudice to their rights. The selection made, in the meantime, shall be subject to the decision of the writ petition."
Accordingly, he requests that the same benefit may be given to the present petitioner also.
Learned counsel for the respondent does not dispute the said facts.
Thus, after hearing learned counsel for the parties and going through the records as an interim measure, it is provided that opposite party no.6/District Basic Education Officer, Unnao shall� allow the petitioner to participate in the counseling for the post in question on production of her education testimonials duly attested. Her selection shall abide by the result of the writ petition.
Learned State Counsel prays for and is granted four weeks' time to file counter affidavit, rejoinder affidavit, may be filed within two weeks thereafter.
List thereafter.
Order Date :- 19.2.2015/Mahesh






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