Court No. - 2
Case :- WRIT - A No. - 53425 of 2017 Petitioner :- Alka Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shantanu Khare,Ashok Khare Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Suneet Kumar,J.
Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the State-respondent, Sri Ashok Kumar Yadav, learned counsel appearing for the third & fourth respondent and perused the pleadings.
By the instant writ petition, petitioner is assailing the order dated 18 September 2017 passed by the fourth respondent-Basic Shiksha Adhikari, Allahabad, whereby, her claim for appointment on the post of Assistant Teacher in Junior High School has been rejected.
The facts briefly stated, as noted in the impugned order, is that the husband of the petitioner was Headmaster of Junior High School, he died in harness on 7 December 2011, consequently, petitioner applied for appointment under the Dying-In-Harness Rules on the post of Assistant Teacher on 21 December 2011. Application was duly forwarded by the Block Education Officer, Chaka, Allahabad, to the fourth respondent- Basic Education Officer on 22 November 2011. The matter, thereafter, was placed by the fourth respondent before the second respondent- Director of Education (Basic), U.P., Lucknow, vide communication dated 28 November 2011 raising an objection that since petitioner is not qualified for the post of Assistant Teacher as provided under the Right of Children to Free and Compulsory Education (RTE) Act, 2009 and notification issued thereunder on 23 August 2010, being untrained and not having passed Teacher Eligibility Test (TET), petitioner cannot be considered for the post of Assistant Teacher. Pursuant thereof, the fourth respondent vide communication dated 20 June 2014 made an offer to the petitioner for appointment on Class-IV post for the reason that no vacancy under Class-III was available. It appears that the petitioner replied contending that she would very soon acquire the qualification for the post of Assistant Teacher, thereafter, her claim may be considered. Academic qualification of the petitioner as pleaded in para-14 and not disputed by the respondents, reads thus:
“14. That the educational qualifications of the petitioner are specified as under:
i) B.A. passed in the year 1999;
ii) M.A. in Sociology passed in the year 2009;
iii) Intermediate Grade Drawing Examination passed in the year 2016;
iv) Intermediate Examination with Technical Drawing passed as an additional subject in the year 2017;
v) B.Ed. Degree awarded to the petitioner in the year 2013;
vi) the petitioner has also passed UP TET-2015 for Upper Primary Level.”
I have perused the impugned order with the assistance of learned counsel for the parties.
Claim of the petitioner has been rejected on two grounds: firstly, that the application for appointment under the Dying-in-Harness Rules was moved after five years, and secondly, petitioner is not qualified for the post of Assistant Teacher in Junior High School (primary).
The learned Senior Counsel appearing for the petitioner submits that vide notification dated 29 June 2018, published in the Gazette of India, a candidate who has passed TET and B.Ed. can be appointed Assistant Teacher of a primary school on under going six months bridge course. The notification reads thus:
d{kk I ls V rd i<+kus gsrq v/;kid dh vgZrk la’kks/ku fo"k;d jk"Vªh; v/;kid f’k{kk ifj"kn~ vf/klwpuk ubZ fnYyh] 28 twu] 2018 Qk-la- ,ulhVhbZ&jsxq 012@16@2018-& fu%’kqYd ,oa vfuok;Z cky f’k{kk vf/kfu;e] 2009 ¼2009 dk 35½ dh /kkjk 23 dh mi/kkjk ¼1½ }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, vkSj Ldwyh f’k{kk vkSj lk{kjrk foHkkx] ekuo lalk/ku fodkl ea=ky;] Hkkjr ljdkj }kjk tkjh fnukWad 31 ekpZ 2010] dh vf/klwpuk la- dk-
vk- 750¼v½] fnukWad 31 ekpZ 2010] ds vuqlj.k eas jk"Vªh; v/;kid f’k{kk ifj"kn ,rn}kjk bl vf/klwpuk dh frfFk ls iqu% vf/klwpuk la[;k Qk0la0 61&03@20@2010@,u0lh0Vh0bZ0@¼,u0,M0,l0½] fnukad 23 vxLr 2010 dks Hkkjr ljdkj ds jkti=] vlk/kkj.k] Hkkx III, vuqPNsn 4] fnukWad 25 vxLr] 2010 dks izdkf’kr vf/klwpuk eas djrh gS% fuEufyf[kr la’kks/ku djrs gq, vf/klwpuk tkjh ¼1½ mijksDr vf/klwpuk eas iSjk 1] mi&iSjk ¼i½] vuqPNsn ¼,½ eas 'kCnkas vkSj dks"Bdkas ds ckn **Lukrd rFkk izkFkfed f’k{kk eas nks o"khZ; fMIyksek ¼pkgs fdlh Hkh uke ls tkuk tkrk gkas½] fuEufyf[kr dks 'kkfey fd;k tk,xk%& vFkok **50 izfr’kr vadks ds lkFk Lukrd rFkk f’k{kk Lukrd ¼ch0,M0½** 2- mijksDr vf/klwpuk eas mi&iSjk gksxk%& iSjk 3] mi&iSjk ¼,½ ds LFkku ij fuEufyf[kr ** ¼,½ ftlus ,ulhVhbZ }kjk ekU;rk izkIr laLFkku ls f’k{kk&Lukrd dh mikf/k izkIr dh gS ml ij d{kk I ls V rd i<+kus ds fy, v/;kid ds :i eas fu;qfDr gsrq fopkj fd;k tk,xk] fdUrq bl izdkj v/;kid ds :i eas fu;qDr O;fDr dks izkFkfed f’k{kd ds :i eas fu;qDr gkus s ds nks o"kZ ds Hkhrj ,ulhVhbZ }kjk ekU;rk izkIr izkFkfed f’k{kk eas ikB~;Øe ¼fczts dkslZ½ vko’;d :i ls iwjk djuk gksxkA** 6 eghus dk ,d lsrq It is further urged that petitioner passed TET for upper primary teacher and not for primary teacher. However, on the date of rejection of her application, petitioner could have been considered for the post of Assistant Teacher in upper primary, as on the said date, 50% upper primary teachers could be appointed under direct recruitment, therefore, it is submitted that petitioner was eligible to be appointed Assistant Teacher. Reliance has been placed on the communication dated 15 May 2013 issued by the State Government to the Secretary, Basic Education Officer, Allahabad, wherein, appointment on the post of Assistant Teacher (Maths & Science) in upper primary school under the Dying in Harness Rules was allowed.
Shri Ashok Kumar Yadav, learned Standing Counsel submits that a fresh order shall be passed by the second respondent-Director of Education (Basic), U.P., Lucknow, on merits with regard to the claim of the petitioner for the post of Assistant Teacher (upper primary) and not on the ground of laches.
In view thereof, on consent, the petition is disposed of directing the second respondent-Director of Education (Basic), U.P., Lucknow, to consider and decide the claim of the petitioner for the post of Assistant Teacher, Upper Primary as per her qualification. The order shall be passed, expeditiously, preferably within a period of one month from the date of filing of certified copy of this order alongwith the copy of the representation and writ petition with the relevant notifications relied upon by the petitioner.
No cost.
Order Date :- 22.8.2019 Mukesh Kr.