1. This petition has been filed with a prayer that writ in the nature of certiorari be issued quashing orders dated 15.1.2009 and 22.7.2010 passed by respondent no.4. The petition further seeks writ in the nature of mandamus directing respondents to re-consider case of the petitioner for appointment as Assistant Teacher in any Junior Basic (Primary) School run by U.P. Basic Shiksha Parishad in District Faizabad treating the qualification of the petitioner viz. Certificate of Unit Education Instructor's Course passed by him while in Army Service, equivalent to B.T.C. Training in view of decision of this court dated 28.8.2008 rendered in Civil Writ Petition No.4990(SS) of 2007, Dalijit Singh v. State of U.P. & ors., placed on record as Annexure 15.
2. It has been asserted that while the petitioner was serving in the Indian Army, he successfully completed three months' Unit Education Instructor's Course with effect from 06.9.1982 to 11.12.1982 at Army Education Corps Training Centre & School, Pachmarhi (MP), which was recognized as equivalent to B.T.C. Training in the State of Uttar Pradesh.
3. By virtue of subsequent Government Order dated 11.8.1997 the said course/qualification was de-recognized. In fact, the petitioner came before this Court in Civil Writ Petition No.4990(SS) of 2007, Dalijit Singh v. State of U.P. & ors.
4. Vide order passed by this court on 28.8.2008 (Annexure 15) it was observed that the Government Order/circular dated 11.8.1997 shall not affect the recognition of certificate of Unit Education Instructor's Course obtained by the petitioner and the petitioner shall be considered qualified/eligible for being considered for appointment as Assistant Teacher. Order dated 28.8.2008 directed the respondents to consider claim of the petitioner for being appointed as Assistant Teacher, in view of the observations made in the order.
6. The petitioner was still not given employment as Assistant Teacher and, therefore, the petitioner filed a contempt petition bearing number 696(C) of 2009, which was dismissed vide order dated 10.4.2012 while observing that if the petitioner has any grievance, he is at liberty to seek remedy in the proper forum, if so advised, because the representation of the petitioner had been rejected.
7. Learned counsel for the respondent-State has pointed out that in 2008(3) SCC 432, Basic Education Board, U.P. v. Upendra Rai & ors., it has been held in context of Government circular dated 11.8.1997 that the circular dated 11.8.1997 was written by the Secretary, Basic Education, U.P. Government, to the Director of Education (Basic) and Chairman, Basic Siksha Parishad, U.P. It has been decided by the Government after sufficient consideration that in accordance with the provisions of Uttar Pradesh Basic Education (Uttar Pradesh) Service Rules, 1981, the posts of Assistant Teachers in the Primary Schools of the Board be filled only with those candidates, who are trained in U.P. Government Training Institutes and possess B.T.C. or Hindustani Teaching certificate or Teaching certificate of Junior Teacher or Teacher.
8. In para 15 of the judgment, the following has been held:
"15. Grant of equivalence and/or revocation of equivalence is an administrative decision which is in the sole discretion of the authority concerned, and the court has nothing to do with such matters. The matter of equivalence is decided by experts appointed by the Government, and the court does not have expertise in such matters. Hence it should exercise judicial restraint and not interfere in it."
9. On the strength of the judgment, referred to above and portion whereof has been extracted above, learned counsel appearing for the respondent states that Zila Basic Siksha Adhikari, Faizabad has filed Special Appeal (Defective) No.392 of 2010, Zila Basic Siksha Adhikari, Faizabad, v. Daljit Singh & ors., directed against the order passed by Single Bench in Civil Writ Petition No.4990 of 2007(SS), which is pending.
10. Considering the totality of facts and circumstances of the case, noted above, and particularly the fact that the respondent has gone up in appeal on the issue involved in this petition, it is directed that this petition be listed after decision in Special Appeal (Defective) No.392 of 2010, Zila Basic Siksha Adhikari, Faizabad, v. Daljit Singh & ors.
Order Date :- 25.7.2012 A.Nigam