Court No. - 37
Case :- WRIT - A No. - 14351 of 2019 Petitioner :- Dhruv Prakash Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijit Saxena,Kuldeep Saxena Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Shri Vijit Saxena, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition the petitioner is challenging the order of Director of Education (Secondary) dated 25.1.2019 by which the selection of the petitioner for appointment in the attached primary of an aided intermediate college has been declined on the ground that the petitioner does not possess the minimum essential qualification of T.E.T. (Teacher Eligibility Test).
Learned counsel for the petitioner submits that in a similar situation one Brij Mohan Tyagi (respondent no. 7) who also does not possess the qualification of T.E.T. has been selected. The ground for challenge is that at the time of initiation of selection proceeding T.E.T. was not a mandatory qualification and therefore, the authority cannot insist the petitioner to have T.E.T.
The aforesaid argument of the petitioner cannot be accepted. Once the Government has taken a decision that T.E.T. is the mandatory qualification, the petitioner not having the said qualification is not eligible. However, the Director will look into the allegation by the petitioner that the respondent no. 7 is also similarly situated and he has been given appointment.
The petitioner will represents the Director who will pass appropriate orders in accordance with law, as far as possible, within two months from the date such a representation is made along with a certified copy of this order.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 30.9.2019 Sunil Kr. Gupta