District Basic Education Officer ... vs Smt Shalu Sharma And 6 Others
2021 Latest Caselaw 2065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 121 of 2021
 

 
Appellant :- District Basic Education Officer Shamli
 
Respondent :- Smt Shalu Sharma And 6 Others
 
Counsel for Appellant :- Sanjay Kumar
 
Counsel for Respondent :- C.S.C.,A.S.G.I.,Alok Dwivedi,Dhananjay Awasthi
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Appeal

By this appeal, a challenge is made to the judgment dated 19.11.2020 whereby the writ petition preferred by the non-appellant petitioner was allowed.

It is a case where the appellants issued an advertisement to invite application for appointment on the post of Assistant Teacher. The respondent petitioner was not considered only on the ground that he obtained the qualification of Elementary Teacher Training Course from the State Board of School Education, Jammu/Srinagar. The said institution was not having recognition with National Council for Teacher Education. The challenge to the order dated 27.11.2019 sustained on the ground that National Council for Teacher Education Act, 1993 was not applicable in the State of Jammu & Kashmir so as to enforce the provision which includes requirement of recognition of the institution.

We find that very same issue was considered by Division Bench of this Court in case of Smt. Sadhana Singh Vs. State of U.P. (Special Appeal No. 1323 of 2009) decided vide judgment dated 28.03.2011. The issue aforesaid was even considered earlier by Rajasthan High Court in case of Emarata Ram Pooniya & 8 Ors. Vs. State of Rajasthan reported in 2005 (2) WLC (Rajasthan) 358.

Learned counsel for the appellants submitted that unless an institution has recognition from the NCTE, the degree or diploma course obtained from such institution could not have been recognized by the State of U.P. for appointment on the post of Assistant Teacher.

We find that the argument aforesaid has been raised in ignorance of the fact that Act of 1993 was not applicable in the State of Jammu & Kashmir till it was having special status. Thus, mandate to have recognition of the institution from the NCTE could not have been applied for an institution of Jammu & Kashmir till it was having special status and, accordingly, the qualification obtained by the non-appellants could not have been ignored by the appellants for consideration of their candidature on the post of Assistant Teacher.

Accordingly, appeal fails and is dismissed.

Order Date :- 4.2.2021

Shekhar