Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : The Name Of Condidate Would Not Be Rejected Merely On The Ground That They Do Not Have 'No Objection Certificate' From Their Previous Employer Before Participating In The Counselling. However, It Would Be Open To The Respondents To Fix A Specific Time Frame For The Petitioners To Submit Such 'No Objection Certificate' Once They Are Selected.
JUDGEMENT TITLE : Arun Kumar And 25 Ors. VS State Of U.P. And 3 Ors. On 24/08/2016 By Allahabad High Court
CASE NO : WRIT - A NO. - 39582 OF 2016
CORAM : Hon'ble Manoj Misra,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 39582 Of 2016

Petitioner :- Arun Kumar And 25 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel For Petitioner :- Sanjeev Singh,Ashutosh Sharma
Counsel For Respondent :- C.S.C.,Raghvendra Pratap Singh

Hon'ble Manoj Misra,J.
According To The Petitioners, They Were Earlier Appointed As Shiksha Mitra And, Thereafter, They Obtained Two Years BTC Course Certificate Through Open And Distance Learning Method After Obtaining Requisite Permission And, Thereafter, They Were Absorbed On The Post Of Assistant Teacher And Are Stated To Be Working In Primary Schools In The District Of Mainpuri. The Appointment Of Shiksha Mitra, As An Assistant Teacher, Is A Subject Matter Of Litigation Which Is Pending Before The Apex Court.
Being Apprehensive In Respect Of Their Future, The Petitioners Also Applied Pursuant To Government Order Dated 16.06.2016 For Appointment As Assistant Teacher Against 16448 Posts Notified In Various Primary Schools Under The U.P. Basic Shiksha Parishad.
The Grievance Of The Petitioners Is That, On 16.08.2016, The Secretary, U.P. Basic Shiksha Parishad, Allahabad Had Issued A Circular Addressed To All The Basic Shiksha Adhikari, Within The State Of Uttar Pradesh, Thereby Requiring Them To Allow A Candidate, Who Is Already Employed Elsewhere, To Appear In Counselling Only If He Has Obtained A 'No Objection Certificate' From His Employer.
It Is The Case Of The Petitioners That Some Of The Petitioners Appeared In The Counselling On 16.08.2016 And Some Appeared On 17.08.2016 But, In View Of The Order Dated 16.08.2016, The Concerned Respondent Is Not Placing The Name Of The Petitioners In The Merit/select List On The Ground That They Had Not Produced 'No Objection Certificate' From Their Previous Employer As Was Required By Order Dated 16.08.2016 Issued By The Secretary, U.P. Basic Shiksha Parishad, Allahabad. Thus, The Offending Portion Of The Order Dated 16.08.2016 Has Been Challenged In This Petition.
The Learned Counsel For The Petitioners Has Invited Attention Of The Court To An Order Dated 23.08.2016 Passed In Writ-A No.39058 Of 2016 In Which It Has Been Provided That That The Respondents Would Not Prohibit The Petitioners From Participating In The Counselling Against Vacancies Notified Under The Government Order Dated 16.06.2016 On The Ground That They Do Not Have No Objection Certificate From Their Employer, Though, It Was Left Open To The Respondents To Require The Candidates To Submit 'No Objection Certificate' Within A Specified Time Frame Once They Were Selected.
The Learned Counsel For The Petitioners Has Submitted That If The Petitioners Are Placed In The Select List, They Can Be Required To Furnish 'No Objection Certificate' Within A Specified Time Frame.
The Matter Requires Consideration.
Learned Standing Counsel Has Accepted Notice On Behalf Of The Respondent Nos.1 And 3; And Sri R.P. Singh Has Accepted Notice On Behalf Of The Respondent Nos.2 And 4. They Pray For And Are Allowed Four Weeks Time To File Counter Affidavit. Two Weeks Thereafter Shall Be For The Petitioners To File Rejoinder Affidavit.
List This Petition On 17.10.2016 Along With Record Of Writ-A No.39058 Of 2016. In The Meantime, It Is Provided That The Respondents Shall Consider The Candidature Of The Petitioners On Merits And In Case They Are Found Above The Cut Off, Then Their Names Shall Be Placed In The Select List And Would Not Be Rejected Merely On The Ground That They Do Not Have 'No Objection Certificate' From Their Previous Employer Before Participating In The Counselling. However, It Would Be Open To The Respondents To Fix A Specific Time Frame For The Petitioners To Submit Such 'No Objection Certificate' Once They Are Selected.

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