28 January 2012

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HIGH COURT OF JUDICATURE AT ALLAHABAD 
?Court No. - 7 

Case :- WRIT - A No. - 74411 of 2011 

Petitioner :- Suraj Kumar Tiwari & Others 
Respondent :- State Of U.P. & Others 
Petitioner Counsel :- Arun Kumar Mishra 
Respondent Counsel :- C.S.C.,Ajit Kr. Singh,C.N. Tripathi,R.A. Akhtar 

Hon'ble Dilip Gupta,J. 
The petitioners, who had appeared at the Teachers Eligibility Test-2011 and were declared successful, have filed this petition for a direction upon the respondents to accept the application forms of the petitioners for the post of Assistant Teachers in the Institutions run by the U.P. Basic Education Board, Allahabad pursuant to the advertisement dated 30th November, 2011. It is the submission of learned counsel for the petitioners that since thepetitioners had obtained the B.Ed. degree by Distance Education, they are not being considered eligible. He hasplaced reliance upon the interim order dated 12th December, 2011 passed by the Division Bench in Special Appeal No. 2296 of 2011 in which candidates placed similarly were provisionally permitted to submit their application forms, which would be subject to the final decision of the appeal. 
Learned Standing Counsel appears for respondent Nos. 1, 2 and 5. Sri C.N. Tripathi, appears for respondent No.3. Sri R.A. Akhtar, appears for respondent No.4 while Sri Ajit Kumar Singh, appears for respondent No. 6. The respondents may file a counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 
List this petition for admission/hearing in the week commencing 20th February, 2012

It is, however, ordered that in view of the interim order dated 12th December, 2011 passed in Special Appeal No. 2296 of 2011, the petitioners shall be provisionally permitted to submit their application forms, which would be subject to the final decision of the writ petition
Order Date :- 20.12.2011 

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