Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 444 of 2018 Appellant :- Virendra Yadav And 30 Others Respondent :- State Of U.P. And 26 Others Counsel for Appellant :- Rishabh Kumar Counsel for Respondent :- C.S.C.,Agnihotri Kumar Tripathi,Ashok Kumar Yadav,Bharat Pratap Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 44 days. Ignoring the same we have looked into merits of the case.
This appeal is before us to examine the correctness of the order dated 8.5.2018 passed by the learned Single Bench in Writ-A No.9796 of 2018, Indrapal and 13 others vs. State of U.P. and 6 others. Learned Single Bench allowed the writ petition in terms of the judgment given in Writ-A No.52021 of 2017, Prabhat Kumar Verma and 53 others vs. State of U.P. and 33 others.
Learned Single Bench by the judgment dated 8.5.2018 passed in the case of Prabhat Kumar Verma and 53 others vs. State of U.P. and 33 others (supra) directed the appointing authority to ensure that before appointment letters are issued to the candidates, he / she must have passed Teachers Eligibility Test (TET) after completing training course or such persons were in the final year of their training examination. A person, who does not come in either of the two categories, would not be issued any appointment order. The State Government is further directed to implement its order dated 15.5.2013 by issuing a circular for its strict compliance by the appointing authorities. The appointing authorities are also directed to clearly state such fact in the appointment letter issued to the candidates appointed as Assistant Teachers.The petitioners in the petition for writ aforesaid were kept at liberty to challenge such specific appointments before the appointing authorities, i.e. the District Basic Education Officer concerned at the first instance, who shall examine such individual grievances on facts after affording opportunity of hearing to the selected candidates. The entire process as stated above, is directed to be concluded within a period of six months from the date of raising the grievance before the appointing authority.
A challenge was given to the judgment given by the learned Single Bench in the case of Prabhat Kumar Verma and 53 others vs. State of U.P. and 33 others by way of filing Special Appeal No.506 of 2018, connected with other appeals. The appeal aforesaid came to be disposed of on 30.5.2018 with a minor modification in terms that the District Basic Education Officer was directed to carry out the exercise to find out the names of the persons who have passed graduation without Science or Mathematics as one of the subjects.
In view of whatever stated above, the instant matter also requires to be decided in light of the judgment of the Division Bench in Special Appeal No.506 of 2018, Prabhat Kumar Verma and 53 others vs. State of U.P. and 33 others.
Accordingly this appeal is disposed of in the terms of the judgment referred above.
Order Date :- 30.7.2018 Bhaskar (Chandra Dhari Singh, J.) (Govind Mathur, J.)