Court No. - 18
Case :- WRIT - A No. - 2850 of 2019 Petitioner :- Rajesh Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Prakash Padia,J.
Heard Sri Arvind Kumar Srivastava, learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 and 2 and Sri S.K. Gupta, learned counsel for respondent nos. 3 and 4.
The petitioners preferred the present writ petition with the prayer to issue a mandamus directing the respondents to issue appointment letter to the petitioner as Assistant Teacher in Junior Basic School run by Board of Basic Education in district Azamgarh.
It is contented by the learned counsel for the petitioners that petitioners had completed two years Special B.T.C. Training Course, 2008. It is further contented that the petitioners also passed U.P. T.E.T Examination in the years 2012,2013 and 2014 which is necessary criteria for appointment in primary level. It is further contented that since petitioners had passed Special B.T.C. Training Course, they became entitled for issuance of appointment letter as Assistant Teacher. In view of the same the Court is of the opinion that once the petitioners had obtained Special B.T.C. Training certificate, their appointment cannot be denied unless vacancies are available pursuant to the advertisement in respect to which petitioners had given Special B.T.C. training.
Heard learned counsel for the parties. With the consent of the learned counsel for the parties this writ petition is disposed of finally at the admission stage itself.
In the facts and circumstances of the case and in the interest of justice the petitioners are directed to submit fresh representation ventilating all their grievances, along with a certified copy of this order before the respondent no. 4- District Basic Eduction Officer, Deoria within a period of two week from today. In the event such a representation is made, the respondent no. 4 is directed to pass a reasoned speaking order on the said representation within a period of two months thereafter.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 22.2.2019 M.A.Ansari