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Wednesday, August 19, 2015

UPTET SARKARI NAUKRI News - JRT ORDER PART 6 -

UPTET SARKARI NAUKRI   News - JRT ORDER PART 6 

24. Since entire argument is confined now with respect to the manner in which list of candidates, who have applied, pursuant to an advertisement for appointment to the post of Assistant Teacher, Sr.P.S., and, Head Master, Jr.P.S. has to be prepared, scope of scrutiny by this Court is quite narrowed down. I would prefer simultaneously to quote Rules 14 (2) and (3) as they stood before Fifteenth Amendment Rules, 2012, substituted by Fifteenth Amendment Rules, 2012 and further substituted by Sixteenth Amendment Rules, 2012, which read as under: 
Rules 14 (2) and (3) as they stood before Fifteenth Amendment Rules, 2012 
Rules 14 (2) and (3) substituted by Fifteenth Amendment Rules, 2012 
Rules 14 (2) and (3) substituted by Sixteenth Amendment Rules, 2012 
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment. 
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment. 
(2) The appointing authority shall scrutinize the applications received in pursuance of the advertisement under clause (a) or (b) of sub-rule (1) of rule 14 and prepare a list of such persons as appear to possess the prescribed academic qualifications and be eligible for appointment. 
(3) The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that their names shall be placed in descending order on the basis of the marks obtained in Teacher Eligibility Test conducted by the Government of Uttar Pradesh. 
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher. 
(3) The names of candidates in the list prepared under sub-rule (2) shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix. In the said rules the following appendix shall be inserted at the end. 
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher. 
(3)(a) The names of candidates in the list prepared under sub-rule (2) in accordance with clause (a) of sub-rule (1) of rule 14 shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix-I. 
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher 
(b) The names of candidates in the list prepared under sub-rule (2) in accordance with clause (b) of sub-rule (1) of rule 14 shall then be arranged in such manner that the candidate shall be arranged in accordance with the quality points specified in the appendix-II. 
Provided that if two or more candidates obtain equal marks, the candidate senior in age shall be placed higher 
(emphasis added to show changes made) 
25. Prior to Fifteenth Amendment Rules, 2012, Rule 14 (2) and (3) required preparation of list by appointing authority of such persons as appear to possess prescribed academic qualifications and eligible for appointment, in descending order on the basis of marks obtained in TET, conducted by Government of U.P. Where two or more candidates have obtained equal marks, the candidate senior in age was to be placed higher. 
26. Fifteenth Amendment Rules, 2012 changed the criteria for preparation of list. It than provided that names shall be arranged in order of quality point marks prescribed in Appendix. The Appendix was inserted at the end of Rules. The said Appendix provided quality point marks based on High School, Intermediate and Graduation decree as also training including theory and practical. There is no description of TET for the purpose of determining quality point marks in the Appendix. 
27. Sixteenth Amendment Rules, 2012 though maintained the same criteria, but has divided recruitment in clauses 14 (1)(a) and (1)(b).The criteria for preparation of list in respect of vacancies under Rule 14 (1) (a) has been given in Rule 14 (3)(a) and Appendix-1 under Sixteenth Amendment Rules, 2012. The vacancies determined under Rule 14(1)(b) have to be arranged as per the criteria provided in Rule 14(3)(b) read with Appendix-II. 
28. The difference is that for Appendix-II, since eligible candidate also possess qualification of B.Ed./B.Ed.(Special Education)/D.Ed. (Special Education), therefore, for the purpose of quality point marks, the said qualifications have been added in Appendix-II, otherwise, in substance, there is no difference in Appendix-I and II. 
29. Interestingly, Sixteenth Amendment Rules, 2012 contains no Appendix-I. Instead, it refers to existing Appendix in Rules, 1981 as Appendix-I and inserted a new Appendix as Appendix-II. It is admitted by learned Standing Counsel that under Rule 14(3)(a) of Sixteenth Amendment Rules, 2012, what is talked of Appendix-I is nothing but the Appendix which was inserted vide Rule 14(3) of Fifteenth Amendment Rules, 2012. Thus it is not in dispute that what is talked of Appendix-I in Rule 14(3)(a) of Sixteen Amendment Rules, 2012 is the same as is referred and inserted vide Rule 14(3) of Fifteenth Amendment Rules, 2012. 



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