72825 शिक्षक भर्ती के अंतर्गत नियुक्त ऐसे अभ्यर्थी जिन्होंने 29334 गणित विज्ञान भर्ती में चयन होने के बावजूद, भय के कारण ज्वाइनिंग नही लिया,ऐसे अभ्यर्थियों को 5 महीने बाद राहत देने से हाईकोर्ट का इंकार, याचिका ख़ारिज, कोर्ट का आदेश(Court Order For Junior Math Science) देखे
ख़बरें अब तक - 72825 प्रशिक्षु शिक्षकों की भर्ती - Today's Headlines
29334 Junior High School Science
Math Teacher Recruitment, Allahabad
Highcourt,HIGH COURT OF JUDICATURE ATALLAHABAD, LUCKNOW BENCH
?Court No. - 24
Math Teacher Recruitment, Allahabad
Highcourt,HIGH COURT OF JUDICATURE ATALLAHABAD, LUCKNOW BENCH
?Court No. - 24
Case :- SERVICE SINGLE No. - 8035 of
2016
Petitioner :- Anil Kumar And 5 Ors.
Respondent :- State Of U.P. Thru
Prin.Secy.Basic Edu.Deptt.Govt.Of Up
&Ors
Counsel for Petitioner :- Rajat Bansal
Counsel for Respondent :- C.S.C.,C.B.
Singh,Vindhyawashini Kumar
Hon'ble Dr. Devendra Kumar Arora,J.
By means of this writ petition,
petitioners have sought for a writ of
certiorari quashing the condition
imposed in appointment letters
dated 21.09.2015, whereby,
petitioners were required to join
their services within a week on the
post of Assistant Teacher (Math/
Science) in allotted Upper Primary
School, failing which, appointment
will cancel automatically. Petitioners
have further sought for a writ of
mandamus commanding the
opposite parties to permit the
petitioners to join on their
respective posts.
From the record, it appears that
petitioners applied for the post of
Assistant Teacher (Math/ Science) in
Upper Primary School in pursuance
to the advertisement dated
11.07.2013 and after their selection
on the post in question, petitioners
were issued appointment orders on
21.09.2015. The appointment orders
provide that selected candidates/
petitioners will join their posts
within a week, failing which, their
appointments would be cancelled
automatically and the issue will not
be reconsidered and for the same,
the candidates will be responsible.�
As the petitioners, at the relevant
time, were working as Assistant
Teachers in Primary School,
therefore, they did not choose to
join nor any application for
extending the time of joining was
sent by them to the concerned
authority in pursuance to the
appointment orders. Now, the
petitioners have approached this
Court challenging the condition of
appointment orders on the ground
that there are large number of
vacancies and the counselling are
still going on.
Learned counsel for the opposite
parties while opposing the writ
petition submitted that
appointment letters clearly provide
that in case, the selected candidates
will not join at their allotted place,
their selection shall be cancelled
automatically and the said issues
will not be reconsidered and for the
same, the selected candidates will
be responsible.
It is also submitted that the
petitioners did not choose to join in
pursuance to the appointment
orders dated 21.09.2015 and on
account of not filling up the
vacancies, the authorities were
required to proceed further for
counselling and the rights have
been created in favour of the
persons who have been
subsequently selected and
appointed. It is also submitted that
at no point of time, any requisition
for seeking extension of time has
been sought by the petitioners as is
evident from the writ petition.
Hence, the writ petition is
misconceived and is liable to be
dismissed.
Admittedly, the petitioners were
appointed on the post of Assistant
Teacher (Math/ Science) and
appointment orders were issued in
their favour on 21.09.2015 with the
condition that petitioners shall join
within a week otherwise their
selection will be cancelled
automatically and for which, they
themselves will be responsible and
their cases will not be considered
subsequently. It also appears from
the record that petitioners did not
choose to join the their posts in
pursuance to the appointment
orders dated 21.09.2015 nor they
moved application for extension of
time and now after lapse of more
than five months, they approached
this Court for the abovesaid pra
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2016
Petitioner :- Anil Kumar And 5 Ors.
Respondent :- State Of U.P. Thru
Prin.Secy.Basic Edu.Deptt.Govt.Of Up
&Ors
Counsel for Petitioner :- Rajat Bansal
Counsel for Respondent :- C.S.C.,C.B.
Singh,Vindhyawashini Kumar
Hon'ble Dr. Devendra Kumar Arora,J.
By means of this writ petition,
petitioners have sought for a writ of
certiorari quashing the condition
imposed in appointment letters
dated 21.09.2015, whereby,
petitioners were required to join
their services within a week on the
post of Assistant Teacher (Math/
Science) in allotted Upper Primary
School, failing which, appointment
will cancel automatically. Petitioners
have further sought for a writ of
mandamus commanding the
opposite parties to permit the
petitioners to join on their
respective posts.
From the record, it appears that
petitioners applied for the post of
Assistant Teacher (Math/ Science) in
Upper Primary School in pursuance
to the advertisement dated
11.07.2013 and after their selection
on the post in question, petitioners
were issued appointment orders on
21.09.2015. The appointment orders
provide that selected candidates/
petitioners will join their posts
within a week, failing which, their
appointments would be cancelled
automatically and the issue will not
be reconsidered and for the same,
the candidates will be responsible.�
As the petitioners, at the relevant
time, were working as Assistant
Teachers in Primary School,
therefore, they did not choose to
join nor any application for
extending the time of joining was
sent by them to the concerned
authority in pursuance to the
appointment orders. Now, the
petitioners have approached this
Court challenging the condition of
appointment orders on the ground
that there are large number of
vacancies and the counselling are
still going on.
Learned counsel for the opposite
parties while opposing the writ
petition submitted that
appointment letters clearly provide
that in case, the selected candidates
will not join at their allotted place,
their selection shall be cancelled
automatically and the said issues
will not be reconsidered and for the
same, the selected candidates will
be responsible.
It is also submitted that the
petitioners did not choose to join in
pursuance to the appointment
orders dated 21.09.2015 and on
account of not filling up the
vacancies, the authorities were
required to proceed further for
counselling and the rights have
been created in favour of the
persons who have been
subsequently selected and
appointed. It is also submitted that
at no point of time, any requisition
for seeking extension of time has
been sought by the petitioners as is
evident from the writ petition.
Hence, the writ petition is
misconceived and is liable to be
dismissed.
Admittedly, the petitioners were
appointed on the post of Assistant
Teacher (Math/ Science) and
appointment orders were issued in
their favour on 21.09.2015 with the
condition that petitioners shall join
within a week otherwise their
selection will be cancelled
automatically and for which, they
themselves will be responsible and
their cases will not be considered
subsequently. It also appears from
the record that petitioners did not
choose to join the their posts in
pursuance to the appointment
orders dated 21.09.2015 nor they
moved application for extension of
time and now after lapse of more
than five months, they approached
this Court for the abovesaid pra
ख़बरें अब तक - 72825 प्रशिक्षु शिक्षकों की भर्ती - Today's Headlines