दूरस्थ माध्यम से बीटीसी प्रशिक्षण प्राप्त शिक्षामित्रों को गतिमान सहायक अध्यापकों की भर्ती/काउन्सलिन्ग में शामिल किये जाने का कोर्ट ने दिया आदेश : क्लिक कर देखें |

दूरस्थ माध्यम से बीटीसी प्रशिक्षण प्राप्त शिक्षामित्रों को गतिमान सहायक अध्यापकों की भर्ती/काउन्सलिन्ग में शामिल किये जाने का कोर्ट ने दिया आदेश : क्लिक कर देखें |

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 62248 of 2015

Petitioner :- Mujammil Husain & 2 Others
Respondent :- State Of U.P. & 2 Others
Counsel for Petitioner :- Fuzail Ahmad Ansari
Counsel for Respondent :- C.S.C.,Satish Chandra Yadav

Hon'ble Pradeep Kumar Singh Baghel,J.

All the petitioners claim to be Shiksha Mitra. While they were working as Shiksha Mitra, they have completed two years B.T.C. Course by Open and Distance Learning Method.

It is stated that the said training was undertaken by the petitioners in pursuance to the permission granted by the N.C.T.E.

The Full Bench in the case of Anand Kumar Yadav and others v. Union of India and others, 2015 (8) ADJ 338 (FB)� while considering the absorption of the Shiksha Mitra, has also come to consider about the validity of the training completed by the Shiksha Mitra under the Open and Distance Learning Method.

The full Bench has not adjudicated this matter on the ground that it would be inappropriate to consider the said issue under Article 226 of the Constitution, which would have the effect of nullifying or abrogating the training qualifications which have been imparted to a large number of Shiksha Mitra. However, the Full Bench left it open to the N.C.T.E. to take appropriate decision in this regard.

The grievance of the petitioners is that the respondents are not permitting the petitioners in the counselling which is under way for the appointment of the Assistant Teachers in Primary Schools/Junior Basic Schools.

Having regard to the facts and circumstances of the case, I am of the view that the petitioners have made out a prima-facie case.

Accordingly, the concerned authority, respondent nos. 2 and 3 are directed to permit the petitioners to participate in the counselling. However, their result shall not be declared without the leave of the Court.

Learned Standing Counsel has accepted notice on behalf of respondent no.1 while Sri Satish Chandra Yadav has accepted notice on behalf of respondent nos. 2 and 3.

As prayed by them, six weeks time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

Learned Standing Counsel shall intimate the Basic Shiksha Adhikari, Shambhal about this order by any of the electronic method.

List this case in the week commencing 04.01.2016.

Order Date :- 5.11.2015
AU