The High Court of Judicature at Allahabad accepted notice and listed the writ petition for a short hearing regarding the cancellation of the petitioner's appointment as Assistant Teacher, while referring to a Supreme Court precedent on TET eligibility.
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Court No. - 5
Case :- WRIT - A No. - 19787 of 2024
Petitioner :- Amit Saraswat Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rohit Upadhyay Counsel for Respondent :- C.S.C.,Udit Chandra
Hon'ble J.J. Munir,J.
The petitioner's appointment as an Assistant Teacher has been cancelled by the impugned order dated 21.10.2021 passed by the District Basic Education Officer on the ground that she passed her Teacher Eligibility Test ('TET' for short), while pursuing her Basic Training Certificate ('BTC' for short) course.
Learned Counsel for the petitioner submits that it was permissible for the petitioner to pass her TET examination, while pursuing the BTC course, as held by the Supreme Court in Omkar Singh and others v. State of U.P. and others, (2021) 14 SCC 486 .
Issue notice.
Notice on behalf of respondent No. 1, 2, 4 and 5 is accepted by Mr. Brijesh Kumar Srivastava, learned Standing Counsel, whereas that on behalf of respondents Nos. 3 and 6, by Mr. Udit Chandra, Advocate. Both the learned Counsel shall file counter affidavits or seek instructions within a week.
Since a short point is involved, let the petition come up on 19.12.2024 .
To be taken up as fresh .
The Registrar (Compliance) is directed to communicate this order to the Director of Education (Basic), U.P., Lucknow through the learned Chief Judicial Magistrate, Lucknow, the Secretary, Board
of Basic Education, U.P., Prayagraj and the Secretary, Examination Regulatory Authority, U.P., Prayagraj, both through the learned Chief Judicial Magistrate, Allahabad, and the Additional District Magistrate (Administration), Mathura and the District Basic Education Officer, Mathura, both through the learned Chief Judicial Magistrate, Mathura within 48 hours next .
Order Date :- 11.12.2024 I. Batabyal
Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad
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Omkar Singh and others v. State of U.P. and othersReferred¶6
Omkar Singh and others v. State of U.P. and others, (2021) 14 SCC 486 · Who else cites this
Amit Saraswat
State Of U.P.
J.J. Munir
Ishan Batabyal
As recorded by the court registry
3 orders share this CNR
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