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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 3153 of 2015
Petitioner :- Smt. Anju
Respondent :- District Basic Education Officer And 2 Ors.
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh
Counsel for Respondent :- C.S.C.,B.N. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner has applied for appointment against the 72825 vacancies for Assistant Teacher in Junior Basic Schools( Class I to V). As she has obtained 116 marks in TET Examination(Primary) she was selected for counseling in three districts, namely, Shamli, Saharanpur and Budaun. She has appeared in counseling on 26.9.2014 at District Institute of Education, Patni, Saharanpur and submitted all her original papers before the competent authority. However she has not received any communication,though the appointment letters are being issued to the selected candidates . The Petitioner apprehends that her candidature could have been cancelled on the ground that she possess two years Diploma in Education from Madhya Pradesh, Bhopal.The contention is that the petitioner has obtained two years Diploma in Education from Indira Gandhi College of Education, Deepadi, Bhopal, which is a duly recognized institution by NCTE.
Learned counsel for the petitioner submits that the petitioner has acquired the qualification prescribed by the NCTE vide Notification dated 29th July 2011 as she is graduate and possess two years Diploma in Elementary Education from Bhopal. Reliance is placed on the� judgement of Harsh Kumar and another Vs. State of U.P. and others reported in 2014(2) ESC 1061(All), wherein it was held in paragraph-12 that the qualifications which have been prescribed by the NCTE in the Notification dated 29th July 2011 include Senior Secondary with at least 50 % marks together with two years Diploma in Education(Special Education). It was held in paragraphs 13 and 14 that:-
"13. In this view of the matter, we are of the opinion that the learned Single Judge was in error in coming to the conclusion that since the recruitment was in pursuance of a special drive, the Government was justified in confining the eligibility qualifications only to those who held the BTC qualifications for the reason that such candidates could not be adjusted earlier for want of TET qualification. The passing of the TET was introduced as a mandatory requirement by the notification dated 23 August 2010 issued by the NCTE. Persons who did not fulfill the eligibility conditions prescribed in the notification dated 23 August 2010, as amended on 29 July 2011, were not qualified for consideration for appointment as primary school teachers. Hence, there was no occasion for the State to contend or for that matter the learned Single Judge to accept the submission that in order to adjust such BTC qualified candidates, the present advertisement had been issued. The learned Single Judge held that the appellants could not claim equivalence with those candidates who possess BTC qualification. This, in our view, begs the question because once the Diploma in Education (Special Education) is held to be a qualification which is recognised for appointment of Assistant Teachers for teaching Classes I to V, it would be impermissible for the State Government to exclude them from being considered for appointment. In a special drive or otherwise, it is not open to the State Government to exclude one class of teachers who fulfill the qualifications for eligibility prescribed by the NCTE. Any such action would be impermissible for the simple reason that the exclusive power to prescribe eligibility qualifications for such teachers is vested in the NCTE. Once the NCTE has spoken on the subject, as it has through its notification, those qualifications must govern the eligibility requirement. Jurisdiction and power of the NCTE to do so is now settled beyond any doubt, as noted by the Supreme Court.
14. In the circumstances, the special appeals would have to be allowed and are, accordingly, allowed. The impugned judgment and order of the learned Single Judge dated 14 November 2013 is set aside. A mandamus would, accordingly, issue directing the State to permit the appellants and such other persons who claim to be holding the qualifications which are within the purview of the notification issued by the NCTE on 23 August 2010, as amended on 29 July 2011, to apply for the post of Assistant Teachers for Classes I to V which was the subject matter of the advertisement in question. "
The question in the case of Harsh Kumar(Supra) was with regard to the determination of DED(Special Education) as the eligibility qualification for appointment to the post of Assistant Teacher in primary school.
Learned Standing counsel has not been able to dispute the submission of the learned counsel for the petitioner.
It appears that the institution from which the petitioner has obtained two years of Diploma from Indira Gandhi College of Education, Deepadi, Bhopal is a recognized institute by the NCTE and the qualification possessed by the petitioner is provided in the Notification dated 29th July 2011.
It is,therefore, directed that the petitioner shall approach the Principal� DIET, Patni, Saharanpur and Basic Education Officer, Saharanpur within three weeks from today alongwith certified copy of this order. In case,it is found that the� petitioner had duly participated in the counseling held on 26.9.2014 and had submitted her original documents before the Principal DIET, Patni, Saharanpur, and that the marks obtained by the petitioner are higher than the cut of marks of the last selected candidate, the appointment letter shall be issued to the petitioner within two weeks from the date of the application.
List this matter in the last week of February, 2015.In the meantime all the respondents may file counter affidavit.
However it goes without saying that the appointment of the petitioner shall be subject to the final outcome of the writ petition.
Order Date :- 29.1.2015
Atul kr. sri.
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 3153 of 2015
Petitioner :- Smt. Anju
Respondent :- District Basic Education Officer And 2 Ors.
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh
Counsel for Respondent :- C.S.C.,B.N. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner has applied for appointment against the 72825 vacancies for Assistant Teacher in Junior Basic Schools( Class I to V). As she has obtained 116 marks in TET Examination(Primary) she was selected for counseling in three districts, namely, Shamli, Saharanpur and Budaun. She has appeared in counseling on 26.9.2014 at District Institute of Education, Patni, Saharanpur and submitted all her original papers before the competent authority. However she has not received any communication,though the appointment letters are being issued to the selected candidates . The Petitioner apprehends that her candidature could have been cancelled on the ground that she possess two years Diploma in Education from Madhya Pradesh, Bhopal.The contention is that the petitioner has obtained two years Diploma in Education from Indira Gandhi College of Education, Deepadi, Bhopal, which is a duly recognized institution by NCTE.
Learned counsel for the petitioner submits that the petitioner has acquired the qualification prescribed by the NCTE vide Notification dated 29th July 2011 as she is graduate and possess two years Diploma in Elementary Education from Bhopal. Reliance is placed on the� judgement of Harsh Kumar and another Vs. State of U.P. and others reported in 2014(2) ESC 1061(All), wherein it was held in paragraph-12 that the qualifications which have been prescribed by the NCTE in the Notification dated 29th July 2011 include Senior Secondary with at least 50 % marks together with two years Diploma in Education(Special Education). It was held in paragraphs 13 and 14 that:-
"13. In this view of the matter, we are of the opinion that the learned Single Judge was in error in coming to the conclusion that since the recruitment was in pursuance of a special drive, the Government was justified in confining the eligibility qualifications only to those who held the BTC qualifications for the reason that such candidates could not be adjusted earlier for want of TET qualification. The passing of the TET was introduced as a mandatory requirement by the notification dated 23 August 2010 issued by the NCTE. Persons who did not fulfill the eligibility conditions prescribed in the notification dated 23 August 2010, as amended on 29 July 2011, were not qualified for consideration for appointment as primary school teachers. Hence, there was no occasion for the State to contend or for that matter the learned Single Judge to accept the submission that in order to adjust such BTC qualified candidates, the present advertisement had been issued. The learned Single Judge held that the appellants could not claim equivalence with those candidates who possess BTC qualification. This, in our view, begs the question because once the Diploma in Education (Special Education) is held to be a qualification which is recognised for appointment of Assistant Teachers for teaching Classes I to V, it would be impermissible for the State Government to exclude them from being considered for appointment. In a special drive or otherwise, it is not open to the State Government to exclude one class of teachers who fulfill the qualifications for eligibility prescribed by the NCTE. Any such action would be impermissible for the simple reason that the exclusive power to prescribe eligibility qualifications for such teachers is vested in the NCTE. Once the NCTE has spoken on the subject, as it has through its notification, those qualifications must govern the eligibility requirement. Jurisdiction and power of the NCTE to do so is now settled beyond any doubt, as noted by the Supreme Court.
14. In the circumstances, the special appeals would have to be allowed and are, accordingly, allowed. The impugned judgment and order of the learned Single Judge dated 14 November 2013 is set aside. A mandamus would, accordingly, issue directing the State to permit the appellants and such other persons who claim to be holding the qualifications which are within the purview of the notification issued by the NCTE on 23 August 2010, as amended on 29 July 2011, to apply for the post of Assistant Teachers for Classes I to V which was the subject matter of the advertisement in question. "
The question in the case of Harsh Kumar(Supra) was with regard to the determination of DED(Special Education) as the eligibility qualification for appointment to the post of Assistant Teacher in primary school.
Learned Standing counsel has not been able to dispute the submission of the learned counsel for the petitioner.
It appears that the institution from which the petitioner has obtained two years of Diploma from Indira Gandhi College of Education, Deepadi, Bhopal is a recognized institute by the NCTE and the qualification possessed by the petitioner is provided in the Notification dated 29th July 2011.
It is,therefore, directed that the petitioner shall approach the Principal� DIET, Patni, Saharanpur and Basic Education Officer, Saharanpur within three weeks from today alongwith certified copy of this order. In case,it is found that the� petitioner had duly participated in the counseling held on 26.9.2014 and had submitted her original documents before the Principal DIET, Patni, Saharanpur, and that the marks obtained by the petitioner are higher than the cut of marks of the last selected candidate, the appointment letter shall be issued to the petitioner within two weeks from the date of the application.
List this matter in the last week of February, 2015.In the meantime all the respondents may file counter affidavit.
However it goes without saying that the appointment of the petitioner shall be subject to the final outcome of the writ petition.
Order Date :- 29.1.2015
Atul kr. sri.
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