JUDGMENT Arun Tandon, J.
1. These two writ petitions have been filed by the person, who had applied for the post of Sub Deputy Inspector of Schools in pursuance of the advertisement no. 3/2003-04 published by the, Public Service Commission U.P. in newspaper dated 12/18.7.2003. The applications made by the petitioners for the post of Sub Deputy Inspector of Schools have been rejected by the Public Service Commission U.P., Allahabad vide order dated 15.10.2005, as intimated under the letter dated 15.10.2005, on the ground that the petitioners do not fulfill the required minimum educational for the post in question namely that the petitioners have neither obtained a degree of B.ED. nor are L.T.
2. On behalf of the petitioner it is contended that the petitioners have obtained a Degree of Graduation with Education as one of the subject from the recognized University under the U.P. State Universities Act, 1973 and therefore in accordance with the advertisement they fulfill requisite educational qualification prescribed for the post of Sub Deputy Inspector of Schools.
3. Therefore, the decision of the Public Service Commission, rejecting their applications, is totally misconceived and based on non-consideration of prescribed minimum educational qualification.
4. On behalf of the Public Service Commission Sri. M.A. Quadeer contended that under the U.P. Subordinate Education Sub Deputy Inspector of Schools Service Rules, 1992, the minimum educational qualification prescribed is a Bachelor Degree in the Education from the University established by law or equivalent thereto. In case the candidates is not holder of Bachelor Degree in Education, he must be possessed of L.T. Diploma of the Government Training College or Government Basic Training College awarded by Registrar, Departmental Examinations U.P. To the similar effect is the minimum qualification advertised against the post of Sub Deputy Inspector of Schools. Therefore, there is no illegality or infirmity in the decision taking by the public Service Commission while rejecting applications of the petitioners.
5. From the record of the present writ petition, it is not in dispute that the petitioners are not holders of Bachelor Degree in Education nor they have L.T. Diploma of the Government Training College or the Government Basic Training College awarded by the Registrar, Departmental Examination U.P. The petitioners, however, have Graduate Degree with Education as one of the subject from an University established by Law of India with education as one of the subject i.e. .B.A. with education.
6. The issue is as to whether the degree possessed by the petitioner can be held to be a Bachelor Degree in Education or not. In order to appreciate the controversy so raised, it would be worthwhile to reproduce the academic qualification as prescribed under Rule 8 of the Uttar Pradesh Subordinate Education (Sub-Deputy inspector of Schools) Service Rules, 1992 as well as essential qualification mentioned in the advertisement for the post in question, which are read as follows:
Rule 8(1). A candidate for direct recruitment through the commission must possess the following qualifications:-
(i) a Bachelor degree in education from a University established by law India or qualification recognised by the Government or equivalent their to and in case Bachelors degree is not in education, the L.T. Diploma of the Government Basic Training College or the Government Basic Training college awarded by the Registrar, Departmental Examinations, Uttar Pradesh.
Provided that, other things being equal, preference shall be given to those candidates who possess L.T. Diploma in Basic Education from Government Basic Training College or who hold a degree or diploma or certificate of any special course of training in Basic Education from any University or Board by law in India or from the Education Department of any other State Government.
(2) In the case of candidates recruited from amongst head masters/head mistresses under clause (i) of Rule 5, preference shall be given to those who have passed the high School Examination conducted by the Board of High School and Intermediate Education, Uttar Pradesh or an examination declared as equivalent thereto.
Essential Qualification : A Bachelors Degree in Education from a University established by law in India or Qualification recognised by the Government or equivalent their to and in case Bachelors Degree is not in Education the L.T. Diploma of the Government Training College or the Non Government Basic Training College awarded by the Registrar, Departmental Examination, U.P. (2) Working Knowledge of Hindi in Devnagri Script.
7. From the aforesaid it may be seen that so far as the Bachelor Degree in Education is concerned, same is recognized to be B.ED. only. The Graduation Degree with Education as one of the subject (B.A. with Education) is not equivalent to Bachelor Degree on Education (B.ED.). It may be pointed out that teaching of B.ED. is permitted in an institution which been granted necessary approval by National Council for Teachers' Education under the provisions of National Council for Teachers Education Act, 1933. The degree is one year course admission whereof is granted after graduation. It is now recognized as a professional course.
8. Bachelor Degree with Education I.E. B.A. with Education is granted after passing Class XII Examination. Therefore, the petitioners cannot claim that they are possess of prescribed minimum qualification.
9. In view of the aforesaid, the decision of the commission to reject the application of the petitioners on the ground that they are not possess of minimum qualification, cannot be faulted with as it is in accordance with law.
10. Sri M.A. Quadeer has further made a statement before this Court that the candidates who are passed a B.ED. Degree or L.T. Diploma awarded by Registrar Departmental Examinations U.P. alone have been called for selection and no candidates with a Graduate Degree in Education as one of the subject has been invited .
11. In the view of the aforesaid writ petition is dismissed.