STATE OF U.P. Vs. SHIV KUMAR PATHAK

JUDGEMENT

(1.) Hearing resumed. In course of hearing, we have thought it appropriate to pass an interim order by which the vacancies can be filled up and the academic climate in the State of Uttar Pradesh shall not suffer an unnecessary winter.

(2.) Be it noted, this Court on 25th March, 2014, had passed the following order:

(3.) Despite the aforesaid order, the State has not carried out the appointment process. After hearing the learned Counsel for the parties at length on various occasions, we are inclined to modify the order passed on 25th March, 2014, and direct that the State Government shall appoint the candidates, whose names have not been weeded out in the malpractice and who have obtained/secured seventy percent marks in the Teacher Eligibility Test (TET). The candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes and the physically handicapped persons, shall be appointed if they have obtained/secured sixty-five percent marks. If there is any policy of the State Government covering any other category for the purpose of reservation, it may be given effect to with the same percentage. It shall be mentioned in the appointment letter that their appointment shall be subject to the result of these appeals and they shall not claim any equity because of the appointment, for it is issued on the basis of the direction passed by this Court. The letters of appointment shall be issued within a period of six weeks.