UPTET CASE HEARING DETAIL 20-12-12

UPTET CASE HEARING DETAIL 20-12-12

fresh interim order..Court No. - 38
Case :- WRIT - A No. - 65811 of 2012
Petitioner :- Ashish Mishra
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,Pankaj Kumar Singh
Hon'ble Arun Tandon,J.
Connect with Civil Misc. Writ Petition No. 39674 of 2012 and
Civil Misc. Writ Petition No. 65444 of 2012.
Learned Standing Counsel prays for and is granted time
upto 9th January, 2012 to file counter affidavit.
One of the contention raised on behalf of the petitioner is
that the fixation of minimum and outer age limit under the
fresh advertisement will render certain candidates, who were
earlier eligible and who had applied in pursuance to the
advertisement published on 30th November, 2011 stand
disqualified.
It is stated that the State Government on its own had
dropped the selection proceedings in terms of the
advertisement dated 30th November, 2011.
It is further pointed out that under Rule-6, insofar as it
pertains to trainee teachers, the power to determine the
upper age limit only has been conferred uponthe State
Government. The determination of the minimum age at 21
years and 40 years as on 1st July, 2012 is illegal. Lastly, it is
submitted that under fresh advertisement, every candidate
is now required to furnish bank draft for a sum of 500/- for
each district qua which he makes the application. Meaning
thereby that if a person applies for all 75 districts, he will be
required to pay to the State Government a total sum of Rs.
37,500/-.
According to the petitioner, earlier the State Government
had charged a fee of Rs.500/- for applying in any number
of districts. It is their case that the fixation of fee at Rs. 500/-
per district is arbitrary and exorbitant especially, having
regard to the fact that the petitioners are unemployed
educated youth. It is their case that the State Government
cannot be permitted to make a profit out of this fee to be
collected, at best it can recover the amount, which is spent
for evaluating the applications and computation of the merit.
It is has been pointed out to the Court that last date for
submission of application in pursuance to thefresh
advertisement is 31st December, 2012. The applications are
to be made online. Therefore, unless the conditions
prescribed are satisfied, online applications shall be
rejected.
The Court is to close for winter vacations tomorrow and it is
not possible to adjudicate upon all the issues raised, in
absence of a counter affidavit being filed by the State
Government.
Some interim arrangement is therefore required to be made.
For the purpose, Sri Neeraj Upadhayaya, learned
Additional Chief Standing Counsel may obtain instruction
from the State by tomorrow i.e. 21st December, 2012.
Put up this matter tomorrow i.e. 21st December, 2012.
(Arun Tandon, J.)
Order Date :- 20.12.2012
Sushil/-