Monday, January 21, 2013

UPTET-High Court order in the matter of Overage candidates

UPTET-High Court order in the matter of Overage candidates


Court No. - 38
Case :- WRIT - A No. - 65811 of 2012
Petitioner :- Ashish Mishra
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,Pankaj Kumar Singh
Connected with
Civil Misc. Writ Petition No.66029 of 2012

It is within the competence of the State Government to determine the outer age limit under proviso to Rule 6 of ''Rules of 1981'. This power conferred upon the State Government will include the power to relax the outer age in favour of persons, like the petitioners who had submitted their applications under the advertisement dated 30th November, 2011 and who were well within the minimum and maximum age limit fixed in the said advertisement on the relevant date. Ousting of such applicant-petitioners from the zone of consideration under the new advertisement dated 7th December, 2012 would practically jeopardise their entire academic carrier and would be too harsh.
Normally this Court would have asked the State Government to re-visit the matter and to take a more reasonable and fair decision in the matter of fixation of age limits. Such course is not being adopted in the facts of the case, inasmuch as the petitioners-candidates have suffered for long and in my opinion they must be included within the zone of consideration in the matter of appointment as Trainee Teachers as per advertisement dated 7th December, 2012. Accordingly, this Court provides that all such candidates, who had submitted their applications in response to the advertisement dated 30th November, 2011 for various districts, shall be entitled to submit their applications in the same districts for which they had applied earlier along with requisite fee as now prescribed on or before 24th January, 2013. Their applications shall be processed and they shall be included in the matter of consideration for the post of Trainee Teachers.
With the aforesaid direction, these writ petitions stands disposed of finally.
Dated: 16.01.2013.

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