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Saturday, January 5, 2013

UPTET-allahabad hc dismissed case related to devide seat on the basis of science and art kota

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Court No. - 30
Case :- WRIT - A No. - 68599 of 2012
Petitioner :- Rajesh Kumar Yadav And Another
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Vinod Sinha,Manoj Kumar
Dwivedi
Respondent Counsel :- C.S.C.,Mrigraj Singh
Hon'ble V.K. Shukla,J.
Petitioners have approached this Court for issuing writ in the nature of certiorari quashing the Paragraph No. 10 (2) of the Government Order dated 05.12.2012 whichtreats all the post of PrasikshuShiksh­ak into one category (Annexure No. 6 to the writ petition).
Petitioners submit that while proceeding to make selection on the post of Prasikshu Shikshak classification ought to have been made by dividing Prasikshu Shikshak intwo categories i.e. in the category of Arts and in the category of Science to the extent of 50% each. Petitioners have submitted division of posts in Arts and Science category are relevant and there has been classification in the said direction and in view of this by treating all the posts as one, without any division of the posts into Arts and Sciencecategory­ the advertisement inquestion is bad. In pith and substance petitioners are questioning the validity of the policy decision, which has been so taken by the State Government under Government Order dated 5th December, 2012 wherein the State Government in its wisdom has not chosen to classify and divide the posts in Arts and Science category and to the contrary has proceeded to invite applications from all those candidates, who have passed the B.Ed. examination and has further passed the TET examination.
Once the State Government in its wisdom has chosen not to make any classification based on Arts category and Science category and has proceeded to make selection appointment on the post of Prasikshu Shikshak by treating them into once category, then this Court cannot come to rescue or reprieve of the petitioners, once same is in the realm of policy decision.
Consequently, writ petition is dismissed.
Order Date : 3.1.2013



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