Court No. 29 Civil Misc. Writ Petition No. 36779 of 2010.
Suresh Singh Versus State of U.P. and others.
WITH Civil Misc. Writ Petition No. 36804 of 2010.
Subhash Chandra Versus State of U.P. and others.
WITH Civil Misc. Writ Petition No. 36819 of 2010.
Vimalesh Kumar Yadav Versus State of U.P. and others.
Hon'ble Arun Tandon, J.
These three writ petitions have been filed by persons claiming themselves to have been selected and appointed as Assistant Teacher in Babu Singh Vidyalaya, Mahmoodpur Khas, P.O. Kunwarpur Banbari, District Kannauj as per the letter of the Basic Shiksha Adhikari, Kannuaj dated 12.02.2007 addressed to the Manager of the institution (Annexure-10 to the writ petition). According to the petitioners the vacancies were advertised prior to the institution, which is a recognised Junior High School, being brought on grant-in- aid list. However such institution has been brought on grant- in-aid list during the selection proceedings, therefore, approval qua appointment of the petitioners is being asked for along with sanction of posts.
It is not necessary for the Court to enter into the various issues which have been raised inasmuch the writ petition can be decided on a short ground.
From the letter of the Basic Shiksha Adhikari dated 12.02.2007 addressed to the Manager and as is admitted to the petitioners, they have to their credit the following academic qualification :
"B.A./B.Ed."
Under Rule 4 of the U.P. Recognized Basic Schools (Junior High School) (Recruitment & Conditions of Service of Teachers) Rules, 1978 on the date the petitioners claim appointment i.e. 12.02.2007, the minimum qualification prescribed for appointment as Assistant Teacher in a recognized Junior High School was a teaching certificate of HTC, JTC, BTC etc. Petitioners admittedly have the teacher's training qualification of B.Ed. The petitioners are neither HTC, JTC, BTC nor do they have a teacher training course, recognized by the Board, as per Rule 4 of the Rules, 1978. The Hon'ble Supreme Court of India in the case of Mohd. Sartaj vs. State of U.P. and others reported in 2006 JT (3), 331 has laid down that B.Ed. is not equivalent to BTC. HTC, JTC training certificate and a person possessed of a Degree of B.Ed. is not qualified to be appointed as an Assistant Teacher in primary institution where such teaching qualifications are prescribed. The same principle applies with full force qua a recognized Junior High School with reference to the provisions as they stood on the relevant date i.e. in the year 2007. The Hon'ble Supreme Court has further clarified that any length of working will not cure the defect of lack of essential qualification at the time of initial appointment. Such appointments have been declared to be void. For the reasons recorded above, this Court finds that no direction as prayed need be issued nor is strictly in accordance with law nor any interference under Article 226 of the Constitution of India is warranted in the aforesaid background.
The writ petitions are dismissed.
Dated : 25.06.10 VR/