Heard learned counsel for the petitioner, learned Standing counsel appearing for the State-respondents and Sri Ajay Kumar, learned counsel appearing for the respondent no.3.
Learned counsel for the petitioner prays for and is permitted to implead the Secretary, Basic Education Parishad, U.P, Allahabad as respondent no. 5 during the course of the day.
By means of the present petition, the petitioner has prayed for a Mandamus commanding the respondents to approve the Urdu Teacher Certificate (U.T.C) of the petitioner and provide appointment letter to the petitioner on the post of Assistant Teacher (Urdu) in pursuance of the counseling dated 16.08.2016.
Learned counsel for the petitioner contends that the petitioner has got an Urdu Teacher Certificate from All India Urdu Taleem Ghar, Lucknow i.e respondent no. 4. The respondent no. 3 i.e District Basic Education Officer, Hardoi vide his letter dated 30.05.2018, a copy of which is annexure 6 to the petition has sent the matter of the petitioner to the respondent no. 5 for grant of clarification as to whether the petitioner who is in possession of the teacher certificate and mark sheet from an Institution which is not recognized by the Government can be appointed or not. It is contended that the matter is still pending at the end of respondent no. 5 and no orders have been passed in this regard and hence the present petition.
On the other hand, Sri Ajay Kumar, learned counsel appearing for the respondents no. 3 and 5 submits that the respondent no. 3 had sent the aforesaid letter to the respondent no. 5 for a clarification more particularly when the Urdu Teacher Certificate as possessed by the petitioner, as per the orders passed by the Government, were not recognized. However, the respondent no. 5 has still not issued any clarification in this regard and consequently no action could be taken any further.
In this view of the matter, the present petition is disposed of with the direction to the respondent no. 5 to provide the necessary clarification as has been sought for by the respondent no. 3 through letter dated 30.05.2018, a copy of which is annexure 6 to the petition. The said clarification would be provided by the respondent no. 5 in accordance with the relevant rules and relevant Government orders governing the subject which would be done within a period of four weeks from the date of receipt of a certified copy of this order. Thereafter, the respondent no.3 would inform the petitioner about the outcome of the clarification as has been given by the respondent no. 5 which would be done within a period of two weeks from the date the clarification receive from the respondent no. 5.
Order Date :- 26.11.2019/ Pachhere/-