Allahabad High Court
Fakhruddin Ali Ahmad & Ors. vs State Of U.P.Thru Secy.Department Of ... on 18 February, 2020
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- SERVICE SINGLE No. - 4732 of 2020 Petitioner :- Fakhruddin Ali Ahmad & Ors. Respondent :- State Of U.P.Thru Secy.Department Of Basic Education & Ors. Counsel for Petitioner :- Nazmul Hasan,Vinay Misra Counsel for Respondent :- C.S.C.,Ajay Kumar,Ghaus Beg,Neeraj Chaurasiya Hon'ble Saurabh Lavania,J.
1. Heard Sri Vinay Misra, learned counsel for the petitioners and the learned standing counsel appearing on behalf of the opposite party nos.1 and 2. Sri Ajay Kumar, Advocate has put in appearance on behalf of the opposite party nos. 3 & 6, Sri Neeraj Chaurasiya, Advocate who appears for the opposite party no.4 and Sri Ghaus Beg, Advocate appearing for the opposite party no.5.
2. By means of this writ petition, the petitioners have prayed for quashing of Clause 5 (3) of the Government Order dated 05.01.2016, by which, it has been said that the candidates who have obtained the degree/ certificates of Moallim-e-Urdu prior to 11.08.1997 will be considered and those who have obtained degree/certificate post-11th August,1997 will not be considered for appointment as Urdu Teacher in the Primary Schools for the Academic Session 2015-16 though admission for the said course might have been taken before 11.08.1997.
3. Learned counsel for the petitioners has submitted that the opposite parties be directed to appoint the petitioners on the post of Assistant Teachers in the Primary Schools run by the Basic Shiksha Parishad.
4. On the other hand learned Additional Chief Standing Counsel for the State-respondents has submitted that in the issue in question, gross anomalies have been noticed by the Competent Authorities and the candidates who have not obtained the degree/certificate strictly in accordance with law and also from the Institutions which are not run as per the provisions of law, are claiming their appointment.
5. This Court while passing order dated 30.01.2018 in bunch of writ petitions, the leading writ petition being Writ A-6004 of 2016; Sartaj Ahmad and 5 others vs. State of U.P. & others, which is contained in Annexure No.10 to the writ petition, has considered the issue in question and disposed of the writ petitions with directions so indicated in para-11 of the order dated 30.01.2018, which is as under:-
"11. For the reasons recorded above, this bunch of writ petitions is disposed of by providing as under:-
(i) All the petitioners who had taken admission prior to 11.8.1997 in the Moallim-E-Urdu training course and have cleared it during academic session 1997-98 would be entitled to be considered for appointment to the post of Assistant Teacher in Urdu in the primary institutions run by the Department of Basic Education, Uttar Pradesh, for which process had been initiated vide Government Order dated 5.1.2016.
(ii) Petitioners alongwith certified copy of this order would also submit proof of their admission in the course concerned prior to 11.8.1997 within a period of three weeks from today. It would be open for the concerned District Basic Education Officers to examine the question as to whether admission had in fact been obtained by the petitioners prior to 11.8.1997, as is asserted by them. It goes without saying that other educational certificates etc. would also be open to be examined in accordance with law.
(iii) Petitioners who have already participated in the counselling pursuant to interim orders passed in this bunch of writ petitions and have been selected would be considered for appointment and appropriate orders in that regard would be issued within a period of three months from the date of presentation of certified copy of this order.
(iv) In respect of those petitioners who have not participated in the counselling, it would be open for them to approach the District Basic Education Officer concerned and in case there are posts still lying vacant and the respondents are proposing to conduct further counselling, their claim shall also be considered in accordance with law."
6. By means of aforesaid directions, this Court has given liberty to the competent authorities to examine/scrutinize the issue minutely and after being satisfied that the claim of the petitioners is justifiable, only then any order in favour of the petitioners should be passed. Therefore, it is expected that the authorities concerned shall abide by the direction of this Court given in the judgment and order dated 30.01.2018 (supra).
7. Accordingly, the writ petition is disposed of finally directing the opposite parties concerned to pass appropriate orders in the matter of petitioners, strictly in accordance with law as well as in the light of the directions of para-11 given by this Court vide judgment and order dated 30.01.2018 in the case of Sartaj Ahmad & others (supra).
8. It is expected that after making proper scrutiny and verification in respect of the candidature of the petitioners and also in respect of the Institutions from where the petitioners claim to have obtained their degree/ certificate, appropriate orders be passed within a period of three months from the date of presentation of a certified copy of this order before the authorities concerned.
9. In view of the aforesaid observations, the writ petition stands disposed of.
Order Date :- 18.2.2020 Arun/-