Stay on Primary Teacher Recruitment Process in UP Basic Education Department
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33
Case :- WRIT - A No. - 76039 of 2011
Petitioner :- Yadav Kapildev Lal Bahadur
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Alok Kumar Yadav,Rajesh Yadav
Respondent Counsel :- C.S.C.,K.S. Kushwaha
Hon'ble Sudhir Agarwal,J.
It is contended that the advertisement in question has been issued as if it is being issued on behalf of all the District Basic Education Officers of 75 districts while under the Rules it is only the appointing authority of the individual district who can issue advertisement under Rule 14 of U.P. Basic Education (Teachers) Service Rules, 1981 but on their behalf the impugned notification has been issued by District Education Board. These kinds of matter are coming in large number of cases where District Education Board whether Secretary or Board are working in a manner which is not supported by the relevant statute causing unnecessary litigation before this Court.
Let respondents No.1 and 2 both shall appear before this Court on 11.1.2012 to explain and justify how this kind of advertisement can be issued on behalf of all District Basic Education Officers and whether it is so permissible under the Rules. Respondent No.1 is represented by learned Standing Counsel and 2 is represented by Sri K.S.Kushwaha. They shall inform respective respondents about this order and shall ensure their presence on the next date.
Put up on 11.01.2012.
Till then no selection/appointment shall be made pursuant to the impugned advertisement which is ex facie contrary in the teeth of Rule 14(1) of U.P. Basic Education (Teachers) Service Rules, 1981 as amended till date. Order Date :- 4.1.2012 VS