Court No. - 58
Case :- WRIT - A No. - 13465 of 2018 Petitioner :- Shruti Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- C.S.C.,Dhananjay Awasthi
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by a Government Order dated 15.12.2016, as well as consequential advertisement to fill 12460 posts of Assistant Teacher on the ground that Diploma Course in Elementary Teacher Education (E.T.E.), possessed by petitioner is not shown to be a valid training certificate for appointment to the post in question as per the relevant Rules.
The issue as to whether Diploma Course in Elementary Teacher Education (E.T.E.) is a valid training certificate for appointment to the post of Assistant Teacher or not stands adjudicated by this Court in Km. Pallavi vs. State of U.P. and others being Writ Petition No.47940 of 2017. In such view of the matter, qualifications specified in NCTE notification since includes Diploma in Elementary Education, the petitioner would be entitled to participate in the selection process.
The records reflect that petitioner had applied and various contradictions in his application forms have been pointed out. Attention of the Court has been invited to page 53, as per which petitioner obtained training qualification from Ballia, whereas his certificate is of different place.
In the facts and circumstances, this writ petition is disposed of by providing that petitioner's claim for appointment would not be discarded only for the reason that he possess qualification of Diploma Course in Elementary Teacher Education (E.T.E.). Respondents, however, shall be at liberty to examine as to whether petitioner fulfil other eligibility in terms of requirement for the post and take a decision in accordance with law.
Order Date :- 31.5.2018 Ashok Kr.