लखनऊ हाईकोर्ट का १६४४८ भर्ती में शिक्षामित्रों को शामिल करने का केस आर्डर :- HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 26
1. Case :- SERVICE SINGLE No. - 15314 of 2016
Petitioner :- Anjali And Another
Respondent :- State Of U.P. Thru Secy.Basic Edu. Civil Sectt.Lko.& Others
Counsel for Petitioner :- Abhinav Nath Tripathi,Amrendra Nath Tripathi,Vijay Kumar Asthana
Counsel for Respondent :- C.S.C.,Jyoti Sikka,Mukund Madhav Asthana,Sharad Pathak
2. Case :- SERVICE SINGLE No. - 16080 of 2016
Petitioner :- Jitendra Kumar Patel And 55 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lucknow & Ors.
Counsel for Petitioner :- Abhinav Nath Tripathi,Amrendra Nath Tripathi,Vijay Kumar Asthana
Counsel for Respondent :- C.S.C.,Ajay Kumar,Jyoti Sikka,Manish Mishra,Sharad Pathak,Shashi Bajpai,Shobhit Mohan Shukla,Vindhyawashini Kumar
3. Case :- SERVICE SINGLE No. - 16511 of 2016
Petitioner :- Suneel Kumar & 38 Ors
Respondent :- State Of U.P Thru Secy Basic Edu Lko & Ors
Counsel for Petitioner :- Vaibhav Srivastava,Durgesh Kumar
Counsel for Respondent :- C.S.C,Ajai Kumar,M.M Asthana,Sharad Pathak,Shashi Bajpai
4. Case :- SERVICE SINGLE No. - 16831 of 2016
Petitioner :- Kaushal Kishore And 15 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu. U.P. Civil Sectt. & Ors.
Counsel for Petitioner :- Amrendra Nath Tripathi,Abhinav Nath Tripathi
Counsel for Respondent :- C.S.C.,Ajay Kumar,M.M. Asthana, Sharad Pathak,Shashi Bajpai,Vindhyawasini Kumar
5. Case :- SERVICE SINGLE No. - 15696 of 2016
Petitioner :- Virendra Kumar & 110 Ors
Respondent :- State Of U.P Thru Secy Basic Edu Lko & Ors
Counsel for Petitioner :- Abhinav Nath Tripathi,Amrendra Nath Tripathi
Counsel for Respondent :- C.S.C,Ajay Kumar,C.B Singh,Ghaus Beg,Jyoti Sikka,Manish Mishra,Rahul Shukla,Rajiv Singh Chauhan,S.M Shukla,Sharad Pathak,Shashi Bajpai,Vindhyawashini Kumar
6. Case :- SERVICE SINGLE No. - 15661 of 2016
Petitioner :- Manju Yadav & Anr
Respondent :- State Of U.P Thru Prin Secy Basic Edu Lko & Ors
Counsel for Petitioner :- Pramod Kumar Pandey
Counsel for Respondent :- C.S.C,Neeraj Chaurasiya
7. Case :- SERVICE SINGLE No. - 15690 of 2016
Petitioner :- Praveen Kumar And 50 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Deptt.Of Basic Edu.Lucknow & Ors
Counsel for Petitioner :- Rakesh Chandra Tewari
Counsel for Respondent :- C.S.C.,M.M. Asthana,S.M. Shukla,Sharad Pathak,Shashi Bajpai
8. Case :- SERVICE SINGLE No. - 16068 of 2016
Petitioner :- Priyanka Verma And 6 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Surendra Pratap Singh,Rajneesh Kumar Verma
Counsel for Respondent :- C.S.C.,Ajay Kumar,M.M. Asthana,Sharad Pathak,Shashi Bajpai,Shobhit Mohan Shukla
9. Case :- SERVICE SINGLE No. - 16384 of 2016
Petitioner :- Nirmal Kumar And 2 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Deptt.Of Basic Edu.Lko. & Ors.
Counsel for Petitioner :- Rakesh Chandra Tewari
Counsel for Respondent :- C.S.C.,Ajai Kumar,M.M. Asthana,Sharad Pathak,Shashi Bajpai
10. Case :- SERVICE SINGLE No. - 16086 of 2016
Petitioner :- Sanjay Singh And 35 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Rajeev Kumar Tripathi
Counsel for Respondent :- C.S.C.,Ajay Kumar,Ghaus Beg,M.M. Asthana,Sharad Pathak,Shashi Bajpai,Shobhit Mohan Shukla
11. Case :- SERVICE SINGLE No. - 16743 of 2016
Petitioner :- Pankaj Kumar And 24 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Of Basic Edu.Civil Sectt.& Ors.
Counsel for Petitioner :- Girish Chandra Verma,Arvind Kumar
Counsel for Respondent :- C.S.C.,M.M. Asthana,Shobhit Mohan Shukla
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioners, namely, Amrendra Nath Tripathi, Sri Vaibhav Srivastava, Sri Pramod Kumar Pandey, Sri Rakesh Chandra Tewari, Sri Surendra Pratap Singh, Sri Rajeev Kumar Tripathi and Sri Girish Chandra Verma and the learned counsel for the respondents, namely, Ms. Jyoti Sikka, Sri Mukund Madhav Asthana, Sri Sharad Pathak, Sri Ajay Kumar, Sri Manish Mishra, Sri Shashi Bajpai, Sri Shobhit Mohan Shukla, Sri Vindhyawashini Kumar, Sri Rahul Shukla, Sri Rajiv Singh Chauhan and Sri Neeraj Chaurasiya.
All these petitions have been preferred by the petitioners, who were appointed as Shiksha Mitras and were subjected to BTC training through correspondence by the State Government. The apprehension expressed in all these writ petitions is that the petitioners will not be permitted to participate in the selections pursuant to the letter dated 25.06.2016 written by the Secretary, U.P. Basic Shiksha Parishad, Allahabad to all the District Basic Shiksha Adhikaris in the State of U.P. except Districts Hapur, Baghpat and Jalaun and the consequential advertisements issued by the different District Basic Shiksha Adhikaris.
Learned counsel appearing for the U.P. Basic Shiksha Parishad, Allahabad has produced a letter/circular dated 09.04.2016 issued by the U.P. Basic Shiksha Parishad, Allahabad which is addressed to the Principal, District Institute of Education and Training, Ambedkar Nagar wherein it has been clarified that the untrained Shiksha Mitras who have been subjected to two years BTC training through correspondence shall also be considered for selection to the post of Assistant Teachers as the said training course is recognized by the State Government. Though the said letter refers to some selection process initiated earlier, however, on the basis of instructions received from the Secretary, U.P. Basic Shiksha Parishad, Allahabad, learned counsel representing him has submitted that this letter shall govern the field of selection which is being held pursuant to the Circular dated 25.6.2016 issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad as well. The said letter/circular dated 09.04.2016 is taken on record.
It is also noteworthy that National Council for Teacher Education by means of its letter dated 26.10.2015 written to the Chief Secretary, Government of U.P. has stated that the proposal received from the State of U.P. seeking approval for training of untrained Shiksha Mitras through Open and Distance Learning Mode leading to two years diploma in Elementary Teacher Education was examined and the same was approved and this approval was conveyed by the NCET, vide its letter dated 14.01.2011 to the State Government.
In all these matters an interim order was passed permitting the petitioners to submit their forms and they have also permitted to participate in the counselling. However, the interim order passed provides that the result of the petitioners shall not be declared.
Keeping in view the aforesaid clarification contained in the letter/circular issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad, vide letter dated 09.04.2016 and the submission made by the learned counsel representing the U.P. Basic Shiksha Parishad, Allahabad today before this Court, cause of action to pursue these writ petitions no more survives any further.
Accordingly, the writ petitions are disposed of in terms of the aforesaid clarification made by the learned counsel representing the Secretary, U.P. Basic Shiksha Parishad, Allahabad as is contained in the letter dated 09.04.2016 of the Secretary, U.P. Basic Shiksha Parishad, Allahabad.
There will be no order as to costs.
Order Date :- 01.08.2016
Sanjay
Court No. - 26
Case :- SERVICE SINGLE No. - 15314 of 2016
Petitioner :- Anjali And Another
Respondent :- State Of U.P. Thru Secy.Basic Edu. Civil Sectt.Lko.& Others
Counsel for Petitioner :- Abhinav Nath Tripathi,Amrendra Nath Tripathi,Vijay Kumar Asthana
Counsel for Respondent :- C.S.C.,Jyoti Sikka,Mukund Madhav Asthana,Sharad Pathak
Hon'ble Devendra Kumar Upadhyaya,J.
(C.M. Application No. 62085 of 2016)
This is an application moved by one Sri Neeraj Jaiswal stating that he has received his regular BTC training and is an applicant for selection to be held pursuant to the advertisement dated 25.06.2016 for the post of Assistant Teacher. It has been stated that the petitioners are not possessing the qualification as prescribed in the advertisement as they have got their training from Open and Distance Learning Mode.
The petitioners in the writ petitions are only claiming that they may be permitted to participate in the selection to be held. While disposing of the writ petition, the Court has taken into consideration the Circular letter dated 09.04.2016 issued by the Secretary, U.P. Basic Shiksha Parishad, Allahabad and the submission made by the learned counsel appearing on behalf of Secretary, U.P. Basic Shiksha Parishad, Allahabad. The Submission made on behalf of Secretary, U.P. Basis Shiksha Parishad, Allahabad is that candidature of these Shiksha Mitras who were subjected to two years' BTC training course through correspondence shall also be considered for the purpose of their selection in question.
The writ petition has been disposed of in terms of the said letter/circular dated 09.04.2016 and the statement made today by the learned counsel representing the U.P. Basic Shiksha Parishad, Allahabad. If the applicant is aggrieved by the said letter/circular dated 09.04.2016 or any action based thereon, it will be open to him to seek redressal of his grievance by taking recourse to any other legal remedy which may be available to him under law.
The application is, thus, disposed of in the aforesaid terms.
Order Date :- 01.08.2016/Sanjay
