Court No. - 30
Case :- WRIT - A No. - 39664 of 2012
Petitioner :- Ratnesh Kumar Pal & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Abhishek Shukla
Respondent Counsel :- C.S.C.,A.K. Yadav,R.A. Akhtar
Hon'ble V.K. Shukla,J.
When the matter has been taken up Sri Neeraj Upadhyay, learned
Standing counsel has produced before this Court the order passed in
Civil Misc. Writ Petition No. 76039 of 2011 dated 06.08.2021 which
reads as follows.;
"An affidavit has been filed on behalf of the State of Uttar Pradesh by the Secretary,
Basic Education, U.P. Government at Lucknow. Along with affidavit a copy of the
Cabinet Decision as communicated to the Director of Basic Education by the Chief
Secretary of the State dated 21st July, 2012 has been brought on record.
Sri C.B. Yadav, learned Additional Advocate General informs the Court that
necessary amendments in the Rules in terms of the Cabinet Decision is still to be
taken.
Sri Ashok Khare learned Senior Advocate points out that a writ petition has already
been filed challenging the Cabinet Decision as notified under the order dated 21st
July, 2012.
Let the State make necessary amendments, as desired, in the statutory rules
regulating the appointment of assistant teachers in Parishidiya Vidyalayas by 25th
August, 2012.
Such direction is being issued by the Court only because appointment on the post of
assistant teachers in Parishidiya Vidyalayas is held-up since last so many years,
initially because of proper advertisement being not published and then a serious
dispute in respect of Teachers Eligibility Test Examination held by the State
Government has been arisen.
This Court must resolve the issue so that suitable teachers may be appointed in
Parishidiya Vidyalayas, where there are acute shortage of qualified teachers.
This Court may clarify that no opinion is being expressed by the Court on the
Cabinet decision taken by the State Government. It is for the State to examine all
aspects of the matter before making any amendments in the Rules, however,
whatever is required to be done must be done by the next date.
In the affidavit to be filed by the State on the next date, query made under the order
of the Court dated 25th May, 2012 must also be answered.
List this matter on 27th August, 2012. Interim order granted earlier by this Court shall
continue in operation till the next date fixed. "
-2-
Issue raised in present writ petition is the issue which is already
engaging the attention of that particular Bench, in view of this it would
be much more appropriate that record of present writ petition be also
placed alongwith the record of Civil Misc. Writ Petition No. 76039 of
2011 on the date fixed in the aforesaid writ petition. The said matter, it
has been informed has been nominated to Hon'ble Mr. Justice Arun
Tandon. Let requisite orders be obtained by the Acting Chief Justice.
In the meantime learned Additional Chief Standing Counsel, in case so
desire he may file counter affidavit in the present writ petition
Order Date :- 14.8.2012
Dhruv
Court No. - 30
Case :- WRIT - A No. - 39674 of 2012
Petitioner :- Akhilesh Tripathi & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,A.K. Yadav
Hon'ble V.K. Shukla,J.
When the matter has been taken up Sri Neeraj Upadhyay, learned
Standing counsel has produced before this Court the order passed in
Civil Misc. Writ Petition No. 76039 of 2011 dated 06.08.2021 which
reads as follows.;
"An affidavit has been filed on behalf of the State of Uttar Pradesh by the Secretary,
Basic Education, U.P. Government at Lucknow. Along with affidavit a copy of the
Cabinet Decision as communicated to the Director of Basic Education by the Chief
Secretary of the State dated 21st July, 2012 has been brought on record.
Sri C.B. Yadav, learned Additional Advocate General informs the Court that
necessary amendments in the Rules in terms of the Cabinet Decision is still to be
taken.
Sri Ashok Khare learned Senior Advocate points out that a writ petition has already
been filed challenging the Cabinet Decision as notified under the order dated 21st
July, 2012.
Let the State make necessary amendments, as desired, in the statutory rules
regulating the appointment of assistant teachers in Parishidiya Vidyalayas by 25th
August, 2012.
Such direction is being issued by the Court only because appointment on the post of
assistant teachers in Parishidiya Vidyalayas is held-up since last so many years,
initially because of proper advertisement being not published and then a serious
dispute in respect of Teachers Eligibility Test Examination held by the State
Government has been arisen.
This Court must resolve the issue so that suitable teachers may be appointed in
Parishidiya Vidyalayas, where there are acute shortage of qualified teachers.
This Court may clarify that no opinion is being expressed by the Court on the
Cabinet decision taken by the State Government. It is for the State to examine all
aspects of the matter before making any amendments in the Rules, however,
whatever is required to be done must be done by the next date.
In the affidavit to be filed by the State on the next date, query made under the order
of the Court dated 25th May, 2012 must also be answered.
List this matter on 27th August, 2012. Interim order granted earlier by this Court shall
continue in operation till the next date fixed. "
-2-
Issue raised in present writ petition is the issue which is already
engaging the attention of that particular Bench, in view of this it would
be much more appropriate that record of present writ petition be also
placed alongwith the record of Civil Misc. Writ Petition No. 76039 of
2011 on the date fixed in the aforesaid writ petition. The said matter, it
has been informed has been nominated to Hon'ble Mr. Justice Arun
Tandon. Let requisite orders be obtained by the Acting Chief Justice.
In the meantime learned Additional Chief Standing Counsel, in case so
desire he may file counter affidavit in the present writ petition
Order Date :- 14.8.2012
Dhruv
