UPTET SARKARI NAUKRI News : D ED QUALIFICATION HOLDER WANTS PARTCIPATION IN 15000 BTC TEACHER RECRUITMENT
D ED CANDIDATES SAID THAD D ED QAULIFICATION IS EQUIVALENT TO BTC QUALIFICATION
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 2835 of 2015
Petitioner :- Pankaj Kumar
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- R.N. Yadav
Counsel for Respondent :- C.S.C.,Mrigraj Singh,R.A. Akhatar
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner is holding D.Ed. (Diploma in Education) and has applied for the post of Assistant Teacher in Junior Basic School (Class I to V) as against the advertisement issued for appointment against 15,000 post of Assistant Teachers. He� has submitted On-line Application Form on 26.12.2014. It is stated that D.Ed. (Diploma in Education) is approved qualification for consideration as a training qualification for appointment on the post of Assistant Teacher by the NCTE vide notification dated 23.8.2010 as amended on 29th July, 2011. Submission is that the claim of certain candidates who had qualification of D.Ed. (Special Education) and cleared TET i.e. Teacher Eligibility Test came up for consideration before this Court determine their eligibility for appointment to the post of Assistant Teachers in Primary Schools in Special Appeal (Defective) No. 130 of 2014 (Harsh Kumar and another versus State of U.P. and 4 others) and another Special Appeal No. 131 of 2014 (Devendra Narayan Pandey and 11 others versus State of U.P. and otrhers). Both the appeals were allowed vide judgment and order dated 5.2.2014. The judgment of Special Appeal Bench, has been affirmed by the Apex Court in Special Leave to Petition(civil) No. 12060-12061 of 2014 which was dismissed on 13.1.2015.
The observations made in the case of Harsh Kumar and another versus State of U.P. and 4 others in paragraph '14' are as under:-
"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 petitioner submits that the petitioner is holding same qualification and claiming parity with the qualification prescribed for the post of Assistant Teacher in the notification issued by NCTE, which is D.Ed (Special Education).
The matter requires consideration.
Sri R.A. Akhatar,� learned counsel has put in appearance on behalf of respondent no. 5, Sri Mrigraj� Singh, learned counsel for respondent no. 4 and learned Standing Counsel appears for respondent nos. 1 to 3 and 6.
All the respondents may file counter affidavit within three weeks.
One week, thereafter, for filing rejoinder affidavit.
List after four weeks.
In the meantime, the petitioner shall be allowed to appear in the counseling to be held for appointment on the post of Assistant Teacher in Junior Basic School on the Form submitted by him on 26.12.2014 and his candidature would be considered.
However, the appointment of the petitioner, if any, against the post of Assistant Teacher in Junior Basic School will be subject to the outcome of the writ petition.�
Order Date :- 22.1.2015
B.K.
