Court No. - 36
Case :- WRIT - A No. - 5653 of 2019 Petitioner :- Ghura Ram And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Mrs. Sunita Agarwal,J.
Sri Bhanu Pratap Singh learned counsel has put in appearance on behalf of respondent no.3 & 4.
The prayer in the present petition is to issue a mandamus commanding the respondents to grant payment of salary to the petitioners as Assistant Teacher in District Basic School run by Board of Basic Education in District Azamgarh, on the premises that the petitioners had completed Special B.T.C. Training Course' 2008 in the year 2013. The assertions of the petitioners are based on a notification dated 14.11.2008 whereby the provision has been made for appointment of Assistant Teacher in the Primary School run by Basic Shiksha Parishad on completion of Special B.T.C. Training Course 2008 (Special B.T.C Training Course).
It is admitted to the petitioners that they have not been accommodated pursuant to the government notification dated 14.11.2008 and had completed the Special B.T.C Training Course in the year 2013.
Learned counsel for the respondent nos.3 & 4 and learned Standing Counsel, on the other hand, submits that as per the current prevailing procedure, Special B.T.C. Training certificate is treated as an eligibility qualification for appointment to the post of Assistant Teachers in the Junior and Senior Basic School being run by Basic Shiksha Parishad, however, the practice of the said certificate being treated as a source of recruitment has been discontinued. Now, appointment to the post of Assistant Teacher are being made by conducting a qualifying examination by the Examination Regulatory Authority, U.P., Allahabad. The source of recruitment, thus, is from open market. The Assistant Teacher Examination, 2018 has recently been conducted and all those who possess minimum eligibility criteria were required to apply pursuant to the notified vacancies.
The submission, thus, is that now it is not within the jurisdiction of the District Basic Education Officer to accord appointment to any such candidate at his own level, nor it is within the jurisdiction of the Secretary, Basic Shiksha Parishad on the application of the candidate.
This aspect of the matter as brought before the Court, could not be disputed by learned counsel for the petitioner.
In view of the fact that the recruitment process for appointment to the post of Assistant Teacher is selection from the open market, the petitioners have to participate in any of the selection notified, if any.
No mandamus can be issued to any of the respondents to consider the claim of the petitioners on their application. The present petition is found devoid of merits and hence dismissed.
Order Date :- 29.4.2019 Himanshu