प्रशिक्षु शिक्षक के रूप में 10% कोटा के आधार पर चयनित शिक्षा मित्रों द्वारा कतिपय कारणवश अपना मूल प्रमाणपत्र जमा न करने पर चयन से वंचित होने की दशा में राज्य सरकार को उचित कार्यवाही करने का निर्देश

प्रशिक्षु शिक्षक के रूप में 10% कोटा के आधार पर चयनित शिक्षा मित्रों द्वारा कतिपय कारणवश अपना मूल प्रमाणपत्र जमा न करने पर चयन से वंचित होने की दशा में राज्य सरकार को उनके समायोजन के सम्बन्ध में उचित कार्यवाही करने का निर्देश

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 10

Case :- SERVICE SINGLE No. - 5978 of 2015

Petitioner :- Anil Kumar Sharma
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
Counsel for Petitioner :- Shailendra Singh,H.C.Yadav
Counsel for Respondent :- C.S.C.,C.B.Singh
Hon'ble Rajan Roy,J.
Heard.
The petitioners herein were working as Shiksha Mitra as per the then existing provision. The State Government absorbed them on the post of Assistant Teacher. The matter was challenged, whereupon the absorption was quashed as being dehors rules. In the meantime, these petitioners also applied for regular appointment as Assistant Teacher under the 10% quota meant for Shiksha Mitra as they possessed the requisite qualification of B.Ed. And Trainee Teacher. They were selected in the counselling and were allotted the institution. However, they were required to submit the original testimonials so as to affirm the offer of appointment.
Case of the opposite parties is that the petitioners did not appear on 19.1.2015 for the said purpose.
On the other hand, learned counsel for the petitioners submits that no date was fixed for this purpose and whenever the candidate appeared alongwith necessary testimonials the necessary formalities were required to be completed. He further submits that as their testimonials were already deposited in pursuance to their absorption on the post of Assistant Teacher, they were unable to produce the said documents/testimonials for the purposes of appointment as Trainee Teachers in the other selection.
Learned counsel for the opposite parties submits that the petitioners did not appear as they had already been appointed as Assistant Teacher.
Be that as it may, the fact of the matter is that, on the one hand, the petitioners' absorption as Shiksha Mitra has been quashed by this court and, on the other, their selection on the post of Trainee Teacher has been put to jeopardy on account of non-submission of the original testimonials, which, in fact, had already been submitted at the time of absorption as Assistant Teacher and on account of which the same could not be submitted by them in respect to subsequent selection.
Even assuming that the petitioners did not appear for producing the said documents for the reason that they had already been selected, on the one hand their absorption has been quashed consequent to the order dated 12.9.2015 of the Allahabad High Court in Writ-A No.34833 of 2014, and, on the other, they have been deprived of the offer of appointment on the post of Trainee Teacher.
Considering the peculiar facts and circumstances of the case State Government is required to look into the matter and ascertain as to how these persons who had been selected for the post of Trainee Teacher but could not produce the original testimonials for the reasons already mentioned hereinabove can be adjusted.
Let a short counter affidavit be filed by the Principal Secretary, Basic Education, within three weeks. The details of vacancies on the post of Trainee Teacher filled by the opposite parties and the relevant dates shall also be disclosed in the counter affidavit.
List this matter on 30.11.2015 as fresh.
Order Date :- 2.11.2015
A.Nigam
(Rajan Roy, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 10 

Case :- SERVICE SINGLE No. - 5978 of 2015 

Petitioner :- Anil Kumar Sharma 
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko. 
Counsel for Petitioner :- Shailendra Singh,H.C.Yadav 
Counsel for Respondent :- C.S.C.,C.B.Singh 
Hon'ble Rajan Roy,J. 
Heard. 
The petitioners herein were working as Shiksha Mitra as per the then existing provision. The State Government absorbed them on the post of Assistant Teacher. The matter was challenged, whereupon the absorption was quashed as being dehors rules. In the meantime, these petitioners also applied for regular appointment as Assistant Teacher under the 10% quota meant for Shiksha Mitra as they possessed the requisite qualification of B.Ed. And Trainee Teacher. They were selected in the counselling and were allotted the institution. However, they were required to submit the original testimonials so as to affirm the offer of appointment. 
Case of the opposite parties is that the petitioners did not appear on 19.1.2015 for the said purpose. 
On the other hand, learned counsel for the petitioners submits that no date was fixed for this purpose and whenever the candidate appeared alongwith necessary testimonials the necessary formalities were required to be completed. He further submits that as their testimonials were already deposited in pursuance to their absorption on the post of Assistant Teacher, they were unable to produce the said documents/testimonials for the purposes of appointment as Trainee Teachers in the other selection. 
Learned counsel for the opposite parties submits that the petitioners did not appear as they had already been appointed as Assistant Teacher. 
Be that as it may, the fact of the matter is that, on the one hand, the petitioners' absorption as Shiksha Mitra has been quashed by this court and, on the other, their selection on the post of Trainee Teacher has been put to jeopardy on account of non-submission of the original testimonials, which, in fact, had already been submitted at the time of absorption as Assistant Teacher and on account of which the same could not be submitted by them in respect to subsequent selection. 
Even assuming that the petitioners did not appear for producing the said documents for the reason that they had already been selected, on the one hand their absorption has been quashed consequent to the order dated 12.9.2015 of the Allahabad High Court in Writ-A No.34833 of 2014, and, on the other, they have been deprived of the offer of appointment on the post of Trainee Teacher. 
Considering the peculiar facts and circumstances of the case State Government is required to look into the matter and ascertain as to how these persons who had been selected for the post of Trainee Teacher but could not produce the original testimonials for the reasons already mentioned hereinabove can be adjusted. 
Let a short counter affidavit be filed by the Principal Secretary, Basic Education, within three weeks. The details of vacancies on the post of Trainee Teacher filled by the opposite parties and the relevant dates shall also be disclosed in the counter affidavit. 
List this matter on 30.11.2015 as fresh. 
Order Date :- 2.11.2015 
A.Nigam 
(Rajan Roy, J.)