Court No. - 58
Case :- WRIT - A No. - 23156 of 2018 Petitioner :- Miresh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rijwan Ali Akhtar Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's appointment on the post of Assistant Teacher made pursuant to recruitment exercise undertaken for appointment of 12460 teachers has been cancelled by the order impugned dated 20.6.2018. The order records that petitioner's two year diploma in elementary education is not equivalent to D. Ed. (special education) and, therefore, he has obtained appointment by misrepresentation. Consequently, the appointment itself has been quashed.
Learned counsel for the petitioner submits that by now it is settled that appointment to the post of Assistant Teacher in a primary institution has to be made as per the qualification prescribed by the NCTE. The notification dated 23.8.2010 of the Government of India has been brought on record, as per which, minimum qualification prescribed is secondary education with 50% marks and two year diploma in elementary education by whatever name called. Petitioner has brought on record a diploma issued by State Council of Educational Research and Training, New Delhi in Elementary Teachers Education of two year term. The submission, therefore, is that petitioner possesses requisite qualification in terms of the NCTE notification, and therefore, cancellation of petitioner's appointment by the order impugned is wholly arbitrary.
Sri S.K. Srivastava, learned counsel appearing for respondent no. 3 submits that the authorities be permitted to revisit the issue.
The NCTE notification is clear inasmuch as the requirement for appointment to the post of Assistant Teacher is two year diploma in elementary education in addition to secondary education with 50% marks. It is not in issue that the petitioner is possessing such a qualification. Merely because at some stage, petitioner had claimed the training qualification to be equivalent to D. Ed. (special education) as is alleged, would not be a material fact for the present purposes. Even otherwise the recruitment itself was not confined to D. Ed. (special education) but was open to all those who possessed two year BTC/ Spl. BTC/ BTC Urdu/ B.Ed. After issuance of NCTE notification dated 23.8.2010, the relevant qualification for appointment would be such as is prescribed in the regulation itself and once the petitioner possessed such qualification, the appointment made in favour of petitioner cannot be cancelled.
Consequently, order dated 20.6.2018 cannot be sustained and is accordingly quashed. The authorities shall be at liberty to proceed afresh, in accordance with law, keeping in view the observations made above.
Order Date :- 30.10.2018 n.u.