उच्च प्राथमिक स्कूलों में 29334 स0अ0 भर्ती में आज कोर्ट ने 29 अप्रैल को दिये गये आदेश को प्रभावी करते हुए 15 दिन के अन्दर नियुक्ति पत्र देने का दिया निर्देश : आदेश की मूल प्रति डाउनलोड करें |
Court No. - 1
Case :- WRIT - A No. - 24818 of 2015
Petitioner :- Santosh Kumar Mishra And 4 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Anoop Trivedi,Vibhu Rai
Counsel for Respondent :- C.S.C.,A.K. Yadav
~30/4/2015 का मूल आदेश पत्र क्लिक कर डाउनलोड करें |
Hon'ble Pankaj Mithal,J.
Heard Sri Anoop Trivedi, learned counsel for petitioner, learned Standing Counsel for respondent No.1 and Sri A.K. Yadav for respondent No.2. The petitioners claim that they have been selected for appointment as Assistant Teacher in primary schools but they have not been issued any appointment letter. A similar controversy by some other selected candidates had come up for consideration before learned single Judge in Writ Petition No.28686 of 2014 (Brahm Dev Yadav and others Vs. State of U.P. and others). It was decided vide judgment and order dated 29.5.2014 directing respondents-authorities to complete process of making actual appointments within a period of two months and ensure that appointed persons join their respective posts within a fortnight thereafter. The aforesaid order has been upheld by the Division Bench in special appeal. In view of the aforesaid facts and circumstances, with the consent of the parties, the writ petition is disposed of in same terms and conditions as contained in the judgment and order dated 29.5.2014 passed in the above referred writ petition.
Order Date :- 30.4.2015
Brijesh
~29/4/2015 का आदेश पत्र यहां क्लिक कर डाउनलोड करें |
Court No. 34
Case : WRIT A No. 28686 of 2014 Petitioner : Brahm Dev Yadav And 5 Others Respondent : State Of U.P. And 4 Others Counsel for Petitioner : Pankaj Kumar Ojha,Shailendra Counsel for Respondent : C.S.C.,A.K. Yadav
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Shailendra, Advocate for petitioners, learned Standing Counsel for respondents no. 1 to 3 and Sri A.K. Yadav and Sri Bhanu Pratap Singh, Advocates for respondents no. 4 and 5.
2. With the consent of learned counsel for the parties, this Court proceed to decide/dispose of the matter at this stage under the Rules of this Court.
3. The grievance of petitioners is that a huge number of vacancies in Primary Schools are continuing for years together and despite the fact that eligible and suitable candidates are available and there is no obstruction before respondents in any manner yet for sheer inaction or apathy, respondents are not completing process of appointment as a result whereof thousands of Primary Schools are running without Teachers.
4. The right to primary education has been made a fundamental right under the Constitution of India for budding upcoming generation and for accomplishment thereof Parliament has also enacted Right to Education Act, still the basic education department of State of U.P. is showing a total callousness by allowing thousands of vacancies of Teachers in Primary Schools, continuing for years together.
5. In the present case the matter relates to appointment of about 30,000 Teachers in Senior Primary Schools, i.e., the schools imparting education from Class 5 to Class 8.
6. For appointment of 29,333 posts of Assistant Teachers in Senior Basic Schools, process of selection commenced pursuant to Government Order dated 11.07.2013 but till date those vacancies have not been filled in though even counselling has been completed.
7. It is a serious matter when thousands and thousands vacancies of Teachers in Primary Schools, across the State are vacant yet the State Government is not able to fill in those vacancies since a long time, for one or the other reasons and many a times for reasons other than valid consideration.
8. Sri Shailendra, learned counsel for the petitioners, stated that for political reasons respondentState is indulging in diluting the standard by making amendments in recruitment rules so as to downgrade the requisite qualifications for appointment and with an intention to cover a large chunk of otherwise unsuitable persons for appointment which caused a spate of litigation for the last few years. The ultimate casualty is the primary education in the State and the consequence is that vacancies of Assistant Teachers of several thousands are continuing as a result whereof the young children are being deprived of their fundamental right of primary education for want of Teachers.
9. Learned Standing Counsel attempted to counter the allegation of inaction and apathy on the part of State by stating that due to several sets of litigations, the actual appointments could not be made but the fact remains that department of Basic Education has miserably failed in discharge of its constitutional and statutory functions of ensuring smooth running of Primary Schools in State of U.P. for the last several years. Budgetary allocation to education department is one of the highest in the State yet it has not resulted in improvement of standard of Primary Education and one of the prime reason therefor is non appointment of Teachers.
10. Be that as it may, at this stage since all preliminaries and other rituals with regard to selection has already completed, as stated at the Bar, I do not find it an occasion to make any further and detail observations on the conduct of respondents, except of placing on record a serious disapproval and condemnation of this Court on such inaction and lethargy as also incompetency on the part of State in so doing. Larger public interest cannot be permitted to subserve for otherwise individual or personal interest of State authorities.
11. In the facts and circumstances of the case, the writ petition is disposed of with a direction to respondentsCompetent Authority(ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e., from July, 2014 and onwards, which would be in large public interest.
Order Date : 29.05.2014
AK
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