➡️ *सुनवाई की अगली तिथि 29 मई 2023*
✍️ निर्भय सिंह
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 36
Case :- WRIT - A No. - 3748 of 2023
Petitioner :- Vivek Kumar Mishra And 5 Others
Respondent :- State Of U.P. And 9 Others
Counsel for Petitioner :- Siddharth Khare,Sr. Advocate
Counsel for Respondent :- C.S.C.,Archana Singh,Bhanu Pratap Singh,Bharat Pratap Singh,Jay Ram Pandey,Prem Prakash Yadav,Sanjay Chaturvedi,Shyam Krishna Gupta
Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Ashok Khare, learned Senior Advocate assisted by Shri Siddharth Khare, learned counsel for the petitioners, Shri Seemant Singh, learned counsel for the petitioners (in connected writ petition), learned Standing Counsel for the State-respondent, Shri Bharat Pratap Singh, learned counsel for respondent No. 4, Smt. Archana Singh, learned counsel for respondent no. 3.
2. This Court vide order dated 26.4.2023 while recording the grievance as raised by learned counsel for the petitioner regarding certain doubts that existed in the information sought for preparing the tentative seniority list which though reflected that the TET qualification was required, but the TET qualification level either primary level or junior high school level was not indicated. This Court further required Smt. Archana Singh, learned counsel representing the respondent No. 3 to apprise the Court as to the criteria which was to be adopted by the respondents to conduct the promotional exercise.
3. In response to the said order, Smt. Archana Singh has placed before this Court, instructions annexing the proforma of the information sought from the candidate which reflects that now TET qualification sought has been bifurcated into primary level and upper primary level. Though the proforma chart has been annexed along with instructions, but it is still not clear as to how the information sought shall be processed.
4. Shri Ashok Khare, learned Senior Advocate submits that the respondents have already finalized the seniority list on 16.5.2023, but the said fact is neither refuted nor accepted by Smt. Archana Singh and she submits that she would have to seek instructions in that regard.
5. In the opinion of the Court, it would be better that a short affidavit is filed bringing on record the changed proforma that has been annexed along with the instructions and affidavit may also clearly specify the criteria that is proposed to be adopted for promotional exercise to be undertaken. The affidavit may be filed within a week.
6. List this case as fresh on 29.5.2023.
7. Office is directed to provide a copy of this order to Smt. Archana Singh, learned counsel for the respondent No. 3 today itself.
Order Date :- 22.5.2023