Sunday, April 29, 2012

Suprme Court turn down Bihar Govt/Patna Hoghcourt decision regarding cancellation of advertisement


Similar Situation arises in UP

See Judgment :-

Court : Supreme Court of India

Brief
As indicated in our order dated 9th December, 2009, this Contempt Petition has a background of alleged breach of an undertaking given on 18th January, 2006 and the order passed on the basis thereof on 23rd January, 2006 in SLP(C)Nos.22882- 22888 of 2004. The said undertaking related to the commitment made by the 

State of Bihar to recruit and fill in the vacant posts of 

teachers in Primary Schools with trained teachers. The undertaking given by the State of Bihar is in that context and reads as follows : “That in the meantime, it has been decided that trained teachers be recruited on the vacant posts available in the State of Bihar. The Bihar Elementary Teachers Appointment Rules, 2003 having been quashed by the Patna High Court, new recruitment rules are contemplated to facilitate recruitment of trained teachers in a decentralized manner, by giving them age relaxation as ordered by the High Court. That Chapters 6 and 7 of the Bihar Education Code relating to oriental education and hostels and messes will be kept in mind, as directed by the Patna High Court, while making recruitment of teachers. That it is respectfully submitted that since the number of available trained teachers in the State is expected to be less than the available vacancies, no test for selection is required to that extent, a reference to this Bihar Public Service Commission for initiating the process of recruitment of trained teachers may not be necessary, and the order of this Hon’ble Court and of the Patna High Court in this regard may be modified”


Citation

Nand Kishore Ojha Vs. Anjani Kumar Singh


Judgement


IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

CONTEMPT PETITION (CIVIL) NO. 297 OF 2007
IN
SPECIAL LEAVE PETITION (C) NO.22882 OF 2004

Nand Kishore Ojha
Vs.
Anjani Kumar Singh

O R D E R

ALTAMAS KABIR, J.

1. As indicated in our order dated 9th December, 2009, this Contempt Petition has a background of alleged breach of an undertaking given on 18th January, 2006 and the order passed on the basis thereof on 23rd January, 2006 in SLP(C)Nos.22882- 22888 of 2004. The said undertaking related to the commitment made by the State of Bihar to recruit and fill in the vacant posts of teachers in Primary Schools with trained teachers. The undertaking given by the State of Bihar is in that context and reads as follows :
“That in the meantime, it has been decided that trained teachers be recruited on the vacant posts available in the State of Bihar. The Bihar Elementary Teachers Appointment Rules, 2003 having been quashed by the Patna High Court, new recruitment rules are contemplated to facilitate recruitment of trained teachers in a decentralized manner, by giving them age relaxation as ordered by the High Court. That Chapters 6 and 7 of the Bihar Education Code relating to oriental education and hostels and messes will be kept in mind, as directed by the Patna High Court, while making recruitment of teachers.
That it is respectfully submitted that since the number of available trained teachers in the State is expected to be less than the available vacancies, no test for selection is required to that extent, a reference to this Bihar Public Service Commission for initiating the process of recruitment of trained teachers may not be necessary, and the order of this Hon’ble Court and of the Patna High Court in this regard may be modified”

2. The said application made for withdrawal of the Special Leave Petition was disposed of by this Court on 23rd January, 2006 on the basis of the submissions made therein.

3. Subsequently, when the State of Bihar failed to abide by its commitments and assurances, the petitioner herein, Nand Kishore Ojha, filed Contempt Petition 297 of 2006, which was disposed of on 19th March, 2007 by the following order :
“In view of the categorical statement now made that the priority will be given to the trained teachers in appointment and also the clarification made in paragraphs 19 to 22 of the aforesaid affidavit dated 7.2.2007, we direct the State of Bihar to implement the undertaking given by the State of Bihar earlier and also now by the present affidavit dated 7.2.2007 in letter and spirit by appointing the trained teachers on priority basis.”

4. Once again on the failure of the State Government to appoint trained teachers as Assistant Teachers in the vacant sanctioned posts carrying a pay-scale, in breach of the undertaking and the assurances given by the Government, the present Contempt Petition was filed. Many applications were made in the Contempt Petition by the trained teachers similarly situated, for being impleaded as parties to the proceedings. Ultimately, the learned Attorney General appeared before us on 25th August, 2009 and assured us that it was not the intention of the State of Bihar to resile from the undertaking given on its behalf, but that the situation had changed over the years, since the undertaking had been given and had become much more complex than was thought of at that point of time. Since no workable solution could be suggested which could satisfy the undertaking given by the State Government and, at the same time, to cause minimum amount of disruption in implementing the same, this Court took note of an advertisement for appointment of Primary Teachers, which was published in December, 2003 and had been struck down by the High Court, for the limited purpose of determining the total number of vacancies which were shown as 34,540. In order to put a quietus to the entire issue, we accepted the figure relating to the vacancies to the posts shown in the advertisement to meet the claims of the trained teachers who were, at the relevant point of time, available for being appointed on a regular basis. Accordingly, notwithstanding the number of trained teachers available, this Court directed that the available 34,540 vacancies shown in the advertisement for appoint of Primary Teachers to be filled up with the said number of trained teachers as a one-timemeasure to give effect to the undertaking which had been given on 18th January, 2006 and 23rd January, 2006. This Court also adjourned the Contempt Petition for implementation of the said order passed by us and for a report to be submitted on the next date as to the result of the discussions held between the petitioner and the concerned authorities.

5. Pursuant to the above directions, the matter was taken up on 6th May, 2010, when an Additional Affidavit affirmed by the Contemnor, Shri Anjani Kumar Singh, was shown to us. The deponent indicated that he was the Principal Secretary, Human Resource Development Department, Government of Bihar, and it was mentioned in paragraph 4 of the said Affidavit that 34,540 posts of Assistant Teachers had been created as a one-time-measure for appointment in Elementary Schools of the State of Bihar and to facilitate the process of recruitment, the Bihar Special Elementary Teachers’ Recruitment Rules, 2010, had been prepared and had been approved by the State Cabinet on 2nd February, 2010. On the said basis, it was averred that by creating 34,540 posts of Assistant Teachers, the State of Bihar had complied with the directions given by this Court on 9th December, 2009 as a one-timemeasure.

6. Mr. P.K. Shahi, learned Advocate General for the State of Bihar, took us to the Bihar Special Elementary Teachers’ Recruitment Rules, 2010, hereinafter referred to as “the 2010 Rules”, and pointed out that the same had been framed to give effect to the undertakings given by the State of Bihar and the orders passed by this Court from time to time. The learned Advocate General, therefore, submitted that in view of such compliance, the contempt proceedings were liable to be dropped.

7. Appearing for the Petitioners in Contempt Petition No.297 of 2007, Mr. R.P. Bhatt, learned Senior Advocate, submitted that although apparently it would appear that by the creation of 34,540 posts, the undertakings given on behalf of the State of Bihar and the orders passed by this Court had been duly complied with, in real fact, the same did not reflect the true state of affairs in view of the framing of the 2010 Rules which were in breach and not in compliance with the said undertakings. In particular, it was pointed out that Rule 4 of the said Rules provided that only those candidates who had passed training upto 1st December, 2003, could apply, which effectively debarred those trained teachers who passed training thereafter and were intended to be covered by the order of 6th May, 2010, for appointment as primary teachers. It was also submitted by Mr. Bhatt that teachers who had completed physical education training had not been included in the definition of the expression “training”, as provided in Rule 2(iv), although they too were to be covered by the order passed on 6th May, 2010, and the earlier orders.

8. Mr. L. Nageshwar Rao, learned Advocate, who appeared for some of the Special Leave Petitioners, submitted that the provision for reservation in Rule 6 of the aforesaid Rules would also result in the exclusion of a large number of trained teachers from the general category, since it was not expected that the total number of posts reserved would be filled from amongst trained teachers belonging to the reserved category. Mr. Rao also pointed out that the provision of Rule 9 were also prejudicial to the Petitioners, who even after their appointment would not be paid their salaries unless their certificates were found to be correct. Mr. Rao Submitted that such a condition could result in an indefinite delay in paying the salaries of the persons appointed.

9. Some of the other learned Advocates appearing for the other Petitioners and those candidates who had been permitted to intervene in these proceedings on the basis of their various applications, echoed the submissions made by Mr. Bhatt and Mr. Rao. All of them in one voice have reiterated the submission that all the 34,540 posts which have been created would have to be filled up without leaving any vacancies on the plea of reservation, as had been undertaken by the learned Advocate General for the State of Bihar, Mr. Shahi.

10. We have carefully considered the submissions made on behalf of the respective parties with regard to the affidavit of compliance filed on behalf of the State of Bihar and have also considered the submissions of the learned Advocate General for the State of Bihar with regard to the 2010 Rules.

11. While we appreciate the fact that the number of posts shown in the advertisement published in 2003 amounting to 34,540 have been created to be filled up by trained teachers, it must be said that it was never our intention that the conditions of the advertisement itself, which had been struck down by the High Court, were to be followed by the Bihar State Government. We had made it very clear in our order that we had referred to the advertisement only for the purpose of determining the number of vacancies which would be required to be filled up from amongst the trained teachers. It was very clearly our intention that all the 34,540 posts were to be filled up with trained teachers who were waiting for appointment, in order of seniority. The question of keeping some of the posts vacant on account of non-availability of reserved candidates was never the criterion in the order passed by us on 9th December, 2009. We must add that we are not for a moment suggesting that candidates from the reserved category should not be accommodated as per the reservation policy. What we intended was that after the number of candidates from the reserved category had been accommodated, the rest of the posts were to be filled up from amongst the candidates from the general category.

12. Having regard to the above, we once again direct that the said 34,540 posts, which have been created, be filled up from amongst the trained teachers in order of seniority after providing for appointment of candidates belonging to the reserved category as a one-time measure as indicated in our earlier orders and as also mentioned in the additional affidavit affirmed on behalf of the State of Bihar.

13. We would like it to be appreciated by the State of Bihar that these directions should be complied with within 31st August, 2010, without further delay. Let this matter stand adjourned till 8th September, 2010 at 3.30 p.m. for filing of compliance report.

…………………………………………J.
(ALTAMAS KABIR)
…………………………………………J.
(H.L. DATTU)
New Delhi
Dated : 12.05.2010


*************************
HC directs to appoint teachers in varsities in Bihar

A old new - Similar situations as in UP

Patna High Court has asked Bihar Government and the Chancellor's secretariat to take steps to fill up all vacant posts of teachers in various universities in the state within 90 days.
A division bench comprising Justices Prakash Chandra Verma and Ahsanuddin Amanullah directed the secretariat of the Chancellor, who is also governor of Bihar, and the state human resource department to make the appointments.
The court acted on a PIL filed by one Vinay Kumar Singh who had pleaded for the court's direction to fill up over 3000 vacant posts of teaching staff in all the universities of Bihar in three months.
The petitioner in his PIL filed in January last year, had alleged that the present crisis of teaching staff in various universities of the state was because of bureaucratic red tape.


Indian Express (8.7.11)

************************

UPTET candidates are far better situation then details referred as per above case.
Law / Rules are favor in selection of TET ranker, but problem arises delay.

यु. पी. टी. ई. टी आन्दोलनकारीओं के कारन लखनऊ में ट्रेफिक की भयावह स्थिती


Start recruitment process, demand Teacher Eligibility Test qualifiers
News : Times of India ( 29.4.12) -

LUCKNOW: Thousands of candidates who had cleared the Teacher Eligibility Test staged aprotest at the Dharna Sthal on Saturday morning. The candidates have been protesting against non-fulfilment of their pending demands of beginning the recruitment process for 72,000 vacant posts of teachers in government primary and upper primary schools. 

The agitated candidates blamed the UP chief minister, Akhilesh Yadav for taking no action and putting their future at stake. "Three weeks back, we met the CM, who assured us of an early action. But till date, nothing has been done," said a candidate. The CM on May 5 has constituted a three-member committee under the leadership of chief secretary who would assess the pros and cons of cancelling the test. The committee is to submit its report within three weeks.  The test conducted for the first time is under a probe which was announced by the Mayawati government following charges of large-scale irregularities. In this regard, the then secondary education director, Sanjay Mohan was arrested and subsequently suspended after his name surfaced in the TET scam. He was alleged of duping unemployed youth by promising them success in the test. Many other education officials are said to be involved in it. Due to these anomalies, the state government has been thinking hard to cancel the test. However, the qualified TET candidates argued that they cannot be made to suffer because of few candidates who resorted to back door entry by bribing officers. Agitated with this, Shiv Kumar Pathak, a candidate said, "It is the question of 72,000 candidates. Majority of those who took the exam belong to below poverty line families and getting a job through TET was their only hope. The government should think of our future, and take an immediate decision." 
TET was conducted for the first time on November 13, 2011 by the UP Madhyamik Shiksha Parishad. It has been surrounded by anomalies since the beginning. After its results were declared on November 26 last, it was found that some anti-social elements tried to lure youth by promising them success in the test. TET appeared to be a moneymaking deal for the higher ups. As many as 11,53,155 candidates took the test, out of which, 2.7 lakh candidates successfully qualified TET. Out of this, 72,000 are to be selected for the job. 

News : Times of India ( 29.4.12)
Daytime nightmare for Lucknow commuters on weekend

News : Times of India ( 29.4.12) - 


LUCKNOW: The revival of the city's old Dharna Sthal located near the UP assembly on Vidhan Sabha Marg has undoubtedly hit the normal life. And the first casualty in any of these situations seems to be the commuters and the traffic. The situation was no different on Saturday, as thousands of TET (Teacher Eligibility Test) examinees took out a protest march, thus throwing traffic out of gear on the main Charbagh-Hazratganj route.

According to one of the TET protestors, at least 10,000 of them had to come to the state capital on the day, to show their strength. Even if it wasn't their full strength, the sea of people, on the roads, was enough to give commuters a nightmare in the day time itself.

The protestors not only created chaos on the roads, but also tried to create disturbance at Charbagh station. They had gathered in the circulating area of the station and had planned to sit on a dharna at the station. The crowd was later controlled by the police and protestors were made to move to Dharna Sthal.

The administration, in order to keep the chaos off the roads, transported some of the protestors through buses to the Dharna Sthal. Though the protestors were moving in a queue, with police present at every stretch, there were so many of them that it was rather quite difficult to drive on the roads. As a result, traffic was literally crawling on the main road from Charbagh to Hazratganj. The already crowded and encroached crossings of the city, like Hussainganj and Burlington, were choked, with hardly any space to move. The PAC vans parked alongside roads ate into the already little space available on the roads.

Morning's rush hour traffic also added to the mounting traffic woes. There were also few who tried driving haphazardly, in order to wriggle out of jam, but, in the end, they caused even more chaos. The situation lasted for quite a few hours till the time TET protestors did not reach the Dharna Sthal.

News : Times of India (29.4.12)

UP News : प्रमोशन-डिमोशन पर लगी रोक, प्रोन्नति में कोटा
न्यूज़ साभार - अमर उजाला
प्रशासनिक आदेश जारी होने के बाद होगी कार्यवाही

लखनऊ। पदोन्नतियों में आरक्षण के मामले पर शुक्रवार को सुप्रीम कोर्ट के फैसले के बाद शासन ने
फिलहाल किसी भी तरह की पदोन्नति व पदावनति पर रोक लगा दी है। इस सबंध में कार्मिक विभाग की
ओर से सभी विभागों को निर्देश भेज दिए गए हैंसरकारी प्रवक्ता ने शनिवार को यहां यह जानकारी देते
हुए बताया कि सुप्रीम कोर्ट के निर्णय के परिपेक्ष्य में कार्मिक विभाग द्वारा सभी बिंदुओं का परीक्षण
करते हुए पदोन्नति व पदावनति के संबंध में समस्त विभागों को अलग से दिशा-निर्देश जारी किए जाएंगे।
कार्मिक विभाग की ओर से आज आदेश जारी करके सभी विभागों को हिदायत दी गई है कि नए दिशा-निर्देश
जारी होने तक किसी भी प्रकार की पदोन्नति या पदावनति की कार्यवाही न की जाए। सूत्रों के अनुसार
पदोन्नति में आरक्षण का मामला सुप्रीम कोर्ट में पहुंचने के बाद शीर्ष न्यायालय ने फरवरी
11 में यथास्थिति का आदेश दिया था। शुक्रवार को न्यायालय का आदेश आने के बाद यथास्थिति संबंधी
आदेश  स्वत: समाप्त हो गया है। 
सुप्रीम कोर्ट के आदेश पर अमल के लिए प्रशासनिक आदेश की औपचारिकता पूरी की जानी है। सूत्रों का
कहना है कि आदेश जारी करने के पीछे सरकार की मंशा की यह भी है कि कहीं कोई विभाग न्यायालय के
आदेश की अपने तरीके से व्याख्या करके पदोन्नति या पदावनति का फैसला न कर ले।

News : Amar Ujala (29.4.12)
न्यूज़ साभार - अमर उजाला  
सुप्रीम कोर्ट ने हाईकोर्ट को फटकारा , इलाहाबाद आैर लखनऊ बेंच को न्‍यायिक अनुशासन बरतने की सलाह

अमर उजाला ब्यूरो लखनऊ। न्यायपालिका के समक्ष त्वरित न्याय प्रदान करने की चुनौती अभी बनी हुई है। खासकर अधीनस्थ न्यायालयों में यह समस्या अधिक है। इससे वादियों में निराशा पैदा होती है। मनुष्य की उम्मीदों की सीमा होती है और मौजूदा जीवन शैली में अंतहीन इंतजार किसी के लिए भी संभव नहीं है। यह विचार सुप्रीम कोर्ट के पूर्व मुख्य न्यायाधीश जस्टिस एएस आनंद ने व्यक्त किए। वे शनिवार को लखनऊ विश्वविद्यालय के मालवीय सभागार में आयोजित प्रो. वीएन शुक्ला स्मृति व्याख्यान में बोल रहे थे।
भारतीय न्यायपालिका के 60 वर्षों की यात्रा पर चर्चा करते हुए जस्टिस आनंद ने कहा कि भारतीय संविधान को जनता के लिए प्रगतिशील रूप से व्यवस्थित करना आरंभ से ही न्यायपालिका का प्रयास रहा और आज भी यह काम जारी है। भूमि सुधार कानून के संदर्भ में न्यायपालिका एवं जनप्रतिनिधियों के बीच टकराव की चर्चा करते हुए उन्होंने समाजवादी सिद्धांतों एवं पूर्व प्रधानमंत्री इंदिरा गांधी के चुनाव पर हुए विवाद एवं न्यायिक निर्णयों का संदर्भ भी रखा। उन्होंने कहा कि सत्ताधारी दलों ने बहुत बार अनेक न्यायिक निर्णयों एवं सुधारों को प्रभावित किया है। न्यायपालिका ने विधि के शासन, व्यक्तिगत स्वतंत्रता एवं मानवाधिकार, पंथनिरपेक्षता, लैंगिक न्याय, लोकतांत्रिक मूल्य, अल्पसंख्यकों के अधिकार आदि की दिशा में महत्वपूर्ण भूमिका निभायी है। इस दौरान कुलपति प्रो. मनोज मिश्र सहित लविवि शिक्षक एवं विधि तथा न्याय क्षेत्र से जुड़ी हस्तियां मौजूद रहीं।


News : Amar Ujala (29.4.12)

यु. पी. टी. ई. टी आन्दोलनकारीओं के कारन लखनऊ में ट्रेफिक की भयावह स्थिती


Start recruitment process, demand Teacher Eligibility Test qualifiers
News : Times of India ( 29.4.12) -

LUCKNOW: Thousands of candidates who had cleared the Teacher Eligibility Test staged aprotest at the Dharna Sthal on Saturday morning. The candidates have been protesting against non-fulfilment of their pending demands of beginning the recruitment process for 72,000 vacant posts of teachers in government primary and upper primary schools. 

The agitated candidates blamed the UP chief minister, Akhilesh Yadav for taking no action and putting their future at stake. "Three weeks back, we met the CM, who assured us of an early action. But till date, nothing has been done," said a candidate. The CM on May 5 has constituted a three-member committee under the leadership of chief secretary who would assess the pros and cons of cancelling the test. The committee is to submit its report within three weeks.  The test conducted for the first time is under a probe which was announced by the Mayawati government following charges of large-scale irregularities. In this regard, the then secondary education director, Sanjay Mohan was arrested and subsequently suspended after his name surfaced in the TET scam. He was alleged of duping unemployed youth by promising them success in the test. Many other education officials are said to be involved in it. Due to these anomalies, the state government has been thinking hard to cancel the test. However, the qualified TET candidates argued that they cannot be made to suffer because of few candidates who resorted to back door entry by bribing officers. Agitated with this, Shiv Kumar Pathak, a candidate said, "It is the question of 72,000 candidates. Majority of those who took the exam belong to below poverty line families and getting a job through TET was their only hope. The government should think of our future, and take an immediate decision." 
TET was conducted for the first time on November 13, 2011 by the UP Madhyamik Shiksha Parishad. It has been surrounded by anomalies since the beginning. After its results were declared on November 26 last, it was found that some anti-social elements tried to lure youth by promising them success in the test. TET appeared to be a moneymaking deal for the higher ups. As many as 11,53,155 candidates took the test, out of which, 2.7 lakh candidates successfully qualified TET. Out of this, 72,000 are to be selected for the job. 

News : Times of India ( 29.4.12)
Daytime nightmare for Lucknow commuters on weekend

News : Times of India ( 29.4.12) - 


LUCKNOW: The revival of the city's old Dharna Sthal located near the UP assembly on Vidhan Sabha Marg has undoubtedly hit the normal life. And the first casualty in any of these situations seems to be the commuters and the traffic. The situation was no different on Saturday, as thousands of TET (Teacher Eligibility Test) examinees took out a protest march, thus throwing traffic out of gear on the main Charbagh-Hazratganj route.

According to one of the TET protestors, at least 10,000 of them had to come to the state capital on the day, to show their strength. Even if it wasn't their full strength, the sea of people, on the roads, was enough to give commuters a nightmare in the day time itself.

The protestors not only created chaos on the roads, but also tried to create disturbance at Charbagh station. They had gathered in the circulating area of the station and had planned to sit on a dharna at the station. The crowd was later controlled by the police and protestors were made to move to Dharna Sthal.

The administration, in order to keep the chaos off the roads, transported some of the protestors through buses to the Dharna Sthal. Though the protestors were moving in a queue, with police present at every stretch, there were so many of them that it was rather quite difficult to drive on the roads. As a result, traffic was literally crawling on the main road from Charbagh to Hazratganj. The already crowded and encroached crossings of the city, like Hussainganj and Burlington, were choked, with hardly any space to move. The PAC vans parked alongside roads ate into the already little space available on the roads.

Morning's rush hour traffic also added to the mounting traffic woes. There were also few who tried driving haphazardly, in order to wriggle out of jam, but, in the end, they caused even more chaos. The situation lasted for quite a few hours till the time TET protestors did not reach the Dharna Sthal.

News : Times of India (29.4.12)

UP News : प्रमोशन-डिमोशन पर लगी रोक, प्रोन्नति में कोटा
न्यूज़ साभार - अमर उजाला
प्रशासनिक आदेश जारी होने के बाद होगी कार्यवाही

लखनऊ। पदोन्नतियों में आरक्षण के मामले पर शुक्रवार को सुप्रीम कोर्ट के फैसले के बाद शासन ने
फिलहाल किसी भी तरह की पदोन्नति व पदावनति पर रोक लगा दी है। इस सबंध में कार्मिक विभाग की
ओर से सभी विभागों को निर्देश भेज दिए गए हैंसरकारी प्रवक्ता ने शनिवार को यहां यह जानकारी देते
हुए बताया कि सुप्रीम कोर्ट के निर्णय के परिपेक्ष्य में कार्मिक विभाग द्वारा सभी बिंदुओं का परीक्षण
करते हुए पदोन्नति व पदावनति के संबंध में समस्त विभागों को अलग से दिशा-निर्देश जारी किए जाएंगे।
कार्मिक विभाग की ओर से आज आदेश जारी करके सभी विभागों को हिदायत दी गई है कि नए दिशा-निर्देश
जारी होने तक किसी भी प्रकार की पदोन्नति या पदावनति की कार्यवाही न की जाए। सूत्रों के अनुसार
पदोन्नति में आरक्षण का मामला सुप्रीम कोर्ट में पहुंचने के बाद शीर्ष न्यायालय ने फरवरी
11 में यथास्थिति का आदेश दिया था। शुक्रवार को न्यायालय का आदेश आने के बाद यथास्थिति संबंधी
आदेश  स्वत: समाप्त हो गया है। 
सुप्रीम कोर्ट के आदेश पर अमल के लिए प्रशासनिक आदेश की औपचारिकता पूरी की जानी है। सूत्रों का
कहना है कि आदेश जारी करने के पीछे सरकार की मंशा की यह भी है कि कहीं कोई विभाग न्यायालय के
आदेश की अपने तरीके से व्याख्या करके पदोन्नति या पदावनति का फैसला न कर ले।

News : Amar Ujala (29.4.12)
न्यूज़ साभार - अमर उजाला  
सुप्रीम कोर्ट ने हाईकोर्ट को फटकारा , इलाहाबाद आैर लखनऊ बेंच को न्‍यायिक अनुशासन बरतने की सलाह

अमर उजाला ब्यूरो लखनऊ। न्यायपालिका के समक्ष त्वरित न्याय प्रदान करने की चुनौती अभी बनी हुई है। खासकर अधीनस्थ न्यायालयों में यह समस्या अधिक है। इससे वादियों में निराशा पैदा होती है। मनुष्य की उम्मीदों की सीमा होती है और मौजूदा जीवन शैली में अंतहीन इंतजार किसी के लिए भी संभव नहीं है। यह विचार सुप्रीम कोर्ट के पूर्व मुख्य न्यायाधीश जस्टिस एएस आनंद ने व्यक्त किए। वे शनिवार को लखनऊ विश्वविद्यालय के मालवीय सभागार में आयोजित प्रो. वीएन शुक्ला स्मृति व्याख्यान में बोल रहे थे।
भारतीय न्यायपालिका के 60 वर्षों की यात्रा पर चर्चा करते हुए जस्टिस आनंद ने कहा कि भारतीय संविधान को जनता के लिए प्रगतिशील रूप से व्यवस्थित करना आरंभ से ही न्यायपालिका का प्रयास रहा और आज भी यह काम जारी है। भूमि सुधार कानून के संदर्भ में न्यायपालिका एवं जनप्रतिनिधियों के बीच टकराव की चर्चा करते हुए उन्होंने समाजवादी सिद्धांतों एवं पूर्व प्रधानमंत्री इंदिरा गांधी के चुनाव पर हुए विवाद एवं न्यायिक निर्णयों का संदर्भ भी रखा। उन्होंने कहा कि सत्ताधारी दलों ने बहुत बार अनेक न्यायिक निर्णयों एवं सुधारों को प्रभावित किया है। न्यायपालिका ने विधि के शासन, व्यक्तिगत स्वतंत्रता एवं मानवाधिकार, पंथनिरपेक्षता, लैंगिक न्याय, लोकतांत्रिक मूल्य, अल्पसंख्यकों के अधिकार आदि की दिशा में महत्वपूर्ण भूमिका निभायी है। इस दौरान कुलपति प्रो. मनोज मिश्र सहित लविवि शिक्षक एवं विधि तथा न्याय क्षेत्र से जुड़ी हस्तियां मौजूद रहीं।


News : Amar Ujala (29.4.12)

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