Allahabad High Court
Shikha Tripathi And 2 Ors vs State Of U.P. And 4 Ors on 28 October, 2014
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 59
Case :- WRIT - A No. - 56769 of 2014
Petitioner :- Shikha Tripathi And 2 Ors
Respondent :- State Of U.P. And 4 Ors
Counsel for Petitioner :- M.P. Singh Gaur
Counsel for Respondent :- C.S.C.,K. Shahi,Shrawan Ku Pandey
Hon'ble Rajan Roy,J.
The petitioners seek the benefit of interim order dated 19.09.2014 passed in Writ-A No.48111 of 2014, wherein, after considering a similar issue as involved in this writ petition, the court passed the following order:
"The petitioners are seven in number, they have preferred this writ petition for a direction upon the respondents to permit them to appear in the counselling of Prashikchu Shikshak in Primary Schools, which is going to commence from 22nd September, 2014.
The grievance of the petitioners is that they had applied for the appointment as Assistant Teacher in Senior Basic Schools. They submitted their original educational testimonials and their counseling has been completed but the select list is yet to be declared. In the meantime petitioners want to apply for appointment as Trainee Teacher in the Primary Schools but Basic Shiksha Adhikari is not returning their educational testimonials on the ground that in the advertisement at condition no.9 was the educational testimonials will not be returned until final selection is over. For the said reasons petitioners are unable to participate in the ensuing counseling which is going to commence from 22nd September, 2014.
It is contended by the learned counsel for the petitioner is that if they are not allowed to participate in the counseling they would suffer irreparable loss to their career.
On 8th September, 2014 learned Standing Counsel was required to seek instructions in the matter. It is stated that inspite of information to the concerned authority he has not received the instruction.
In view of the fact that the counseling is going to commence from 22nd September, 2014 in my view to meet the end of justice a direction is necessary to be issued to the concerned Basic Education Officer to allow the petitioners to participate in the counseling for trainee teachers on production of their educational testimonials duly attested. Their selection shall abide the result of the writ petition.
Learned Standing Counsel seeks six weeks time to file counter affidavit. Rejoinder, if any, within a week thereafter.
List this case in the week commencing 17th November, 2014."
Sri R.B. Pradhan, learned additional chief standing counsel appearing for the respondents and Sri Mrigraj Singh, learned counsel for the concerned B.S.A. have no objection, if similar orders are passed in the case of the petitioner also. It is accordingly provided that the petitioner shall be allowed to participate in the counselling for trainee teachers on production of their educational testimonials duly attested. Their selection shall abide by the result of this writ petition.
Connect and list along with Writ-A No.48111 of 2014.
Order Date :- 28.10.2014
M.A.A.
