Satyendra Kumar Singh And 4 Others vs State Of U.P. Thru Secy. And 3 ...
2014 Latest Caselaw 6508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 39466 of 2014
 

 
Petitioner :- Satyendra Kumar Singh And 4 Others
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Shailendra,Vibhu Sinha
 
Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Ashok Kumar Yadav,D.P.Rajbhar,R.P. Shukla
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

 The counsel for the petitioner is permitted to implead N.C.T.E as a respondent.

The petitioners are five in number. They seek direction upon the respondents not to allow counselling of such professional degree holders who are not eligible as per advertisement/notification dated 23.8.2013.

Grievance of the petitioner is that respondents have illegally accepted the application forms from the candidates who have professional degree like B.Sc. (Ag), B. Tech, BCA, BBA, BAMS, BHMS and BUMS and B. Pharma.

It is contended by the counsel for the petitioner that petitioners applied for appointment on the post of Assistant Teachers in response to the advertisement/notification dated 23.8.2013 and 29.7.2011 of the NCTE.

At the time of moving of this writ petition, the counsel for the UP Basic Shiksha Parisad had made a statement that a high level committee has been constituted in respect of the issue involved in the matter. 

Counsel for the respondents had produced instruction on 1.9.2014, wherein it was mentioned that a meeting is scheduled on 3.9.2014 by the State Council of Educational Research and Training (SCERT). On his request the matter was adjourned on 1.9.2014.

Today, counsel for the Basic Shiksha Parisad has produced instruction alongwith office memo dated 4.8.2014. From perusal of the said office memo, it is evident that the Director, (SCERT), Director, Basic Shiksha Parisad and Secretary, Basic Shiksha Parisad, Allahbad have found that the qualification prescribed by the respondent is contrary to the minimum qualification laid down by the NCTE in its notification dated 23.8.2013 and 29.7.2011. It is also mentioned in the instructions dated 5.9.2014 that keeping in view of the serious nature, the committee has prepared a draft for consideration of the State Government and it has also been mentioned that some more time is required for taking decision in the matter.

The instructions dated 8.8.2014, 1.9.2014 and 5.9.2014 are  taken on record.

Taking into consideration of facts in my view, the end of justice requires that counselling of the candidates who are having Professional Degree may go on but their selection may not be finalised till the next date of listing. 

As prayed by Sri B.P. Singh, learned standing counsel put up this case on 25.9.2014 in the additional cause list. 

The counsel for the petitioner is granted time to file objection to the impleadment application.

Put up on 25.9.2014 alongwith modification application.

Order Date :- 16.9.2014

SKS