शिक्षामित्रों के भारांक मुद्दे पर हाईकोर्ट लखनऊ का आर्डर आया
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 25853 of 2018
Petitioner :- Alka Shukla And 2 Ors.
Respondent :- State Of U.P. Thru Prin. Secy.Basic Education And 3 Ors.
Counsel for Petitioner :- Shashank Vikram Shah
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioners.
Office of the learned Chief Standing Counsel has accepted notice on behalf of respondent nos. 1, 3 and 4. Sri Ajay Kumar, Advocate has accepted notice on behalf of respondent no. 2.
The controversy involved in the present writ petition is that due to non-award of 2.5 quality point marks per year on experience of teaching as Shiksha Mitra to the petitioners, they have been declared unsuccessful in the written examination. If they would have been provided 2.5 quality point marks in the written examination, they would have been declared successful. Thus, the respondents are liable to be directed to provide 2.5 quality point marks per year to the petitioners and then declare their modified results.
Learned counsel for the respondents submitted that the last date to appear in the counselling was 04.09.2018 and that has got over. Therefore, the petitioners cannot be permitted to appear in the counselling.
He further submitted that in the identical issue the Allahabad High Court has passed an order that direction for fresh counselling cannot be granted at this juncture. However, final selection and appointment on the post of teachers shall be subject to the final outcome of this petition.
Learned counsel for the petitioners submitted that in pursuance to the order passed by the Division Bench no counselling was permitted to those candidates in whose favour there is an interim order of the Division Bench. Therefore, a Contempt Petition No. 2295 of 2018 was filed, wherein on 07.09.2018 learned Addl. Chief Standing Counsel sought ten days' further time to seek complete instructions as to whether weightage of Shiksha Mitra has been granted to the petitioners while determination of their merit or not.
Thus, it is apparent that the respondent no. 4 has not complied the Division Bench order of this Court permitting the candidates to appear in the counselling.
It is submitted that the authority has to comply with the order of this Court. In case in compliance of the order passed by the Division Bench, the Examination Regulatory Authority, Uttar Pradesh, Alenganj, Allahabad conducts counselling by fixing a date, then the petitioners, in whose favour this Court has passed an interim order, shall be permitted to appear in the counselling. The respondents cannot ignore the claim of the petitioners in case the process of selection has been initiated de hors the rules and the Government Order issued from time to time.
I have heard learned counsel for the parties and have gone through the records.
So far as the denial of counselling by the respondents after the last date fixed for counselling is concerned, it is recorded that in case candidates have been restrained by adopting illegal approach like in the case of the petitioners before this Court, who is stated to have not been provided 2.5 quality point marks per year on experience of teaching as Shiksha Mitra, this Court, being custodian of law, has power to issue direction to the respondents to make arrangement for their counselling beyond the date fixed by the respondents.
This is very serious issue that the orders passed by this Court have not been complied with on the ground that the date of counselling has got over. This state of affairs on the part of the respondents cannot be justified.
The controversy involved in the present writ petition is engaging attention of the Division Bench of this Court in Special Appeal No. 812 of 2018 before the Allahabad High Court as well as in the Writ Petition No. 25121 (S/S) of 2018 before this Court.
Connect and list with Writ Petition No. 25121 (S/S) of 2018.
In the meanwhile, the petitioners shall be permitted to participate in the counselling, that is to be conducted in accordance with the Government Order dated 18th August, 2018, provisionally. The participation of the petitioners in the counselling shall not create any substantive right in their favour.
Order Date :- 11.9.2018