Allahabad High Court
Saurabh Kumar & Anr. vs State Of U.P.Thru Secy.Basic ... on 6 July, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- SERVICE SINGLE No. - 2002 of 2020
Petitioner :- Saurabh Kumar & Anr.
Respondent :- State Of U.P.Thru Secy.Basic Education Lko & Ors.
Counsel for Petitioner :- Raghvendra Prasad Mishra,Ashutosh Srivastava,Himanshu Raghave
Counsel for Respondent :- C.S.C,Ajay Kumar,O.P.M.Tripathi,Shobhit Mohan Shukla
Hon'ble Chandra Dhari Singh,J.
In effect, this petition has been filed with the prayer to quash the impugned order dated 17.12.2019 passed by respondent no.4 and also to command the respondents to give the appointment letter to the petitioner on the post of Assistant Teacher in Primary School.
Learned counsel for the petitioners has submitted that the State of U.P. has decided to fill up the vacancies of Assistant Teacher in Primary School and all the District Basic Education Officer have been authorized to issue advertisement for making the appointments. The petitioners have applied for the post in District Moradabad and it has been specifically submitted that they have completed their two years diploma in Elementary Teacher Training Course from Jammu/Sri Nagar. It has also been submitted that the petitioners have also cleared their Central Teacher Eligibility Test as necessary qualification for the appointment of the Assistant Teacher. Learned counsel submits that the petitioners appeared in the written examination and they were declare as qualified and they have also participated in the counselling at Sitapur but they have not been given the appointment on the ground that the Diploma which has been provided by the Jammu and Kashmir is outside the website of the NCTE. It has also been submitted that the NCTE issued a letter dated 27.06.2007 to all the Education Secretaries with relates to validity of Diploma / Certificate in Teacher Education obtained from the State of Jammu and Kashmir by which it has been submitted that a Diploma/Certificate is also valid for employment in other parts of the country. It is submitted that the petitioners are fully qualified for the post.
Learned counsel for the petitioners has submitted that the controversy involved in the instant writ petition has been settled by the Coordinate Bench of this Court sitting at Allahabad in Writ -A No.403 of 2020 (Smt. Shalu Sharma and another vs. State of U.P. and five others) vide judgment and order dated 09.11.2020. The court has settled that the benefit of employment cannot be denied on the ground that the candidates have obtained the Diploma from the University situated at Jammu and Kashmir.
On the other hand, learned counsel for the respondents have not contradicted the submissions of the learned counsel for the petitioner and fairly conceded that the judgment and order passed in Smt. Sahulu Sharma's case (supra) has already settled the issue involved in the present writ petition.
For ready reference, the relevant portion of the judgment and order passed in Smt. Sahulu Sharma's case (supra), is reproduced as under :
"In view of the said clarification being issued by the NCTE, there is no occasion to deny the petitioners herein the benefit of employment only on the ground that the diploma obtained by them is from a university situated at Jammu and Kashmir.
In view of the above, the findings recorded above, the writ petition deserves to be allowed. Consequently, orders dated 27.11.2019 and 7.12.2019 (Annexure-7 & 8) are set aside and the mandamus is issued commanding the respondents to permit the petitioners to join on the post of Assistant Teacher in Primary School against the Assistant Teacher Recruitment Examination 2018 expeditiously preferably within a period of six weeks from the date of filing of the present order before the authority concerned.
The writ petition is disposed of in terms of the said order."
In view of the above, the facts of the present case are squarely covered by the judgment of this Court dated 19.11.2020 passed in Smt. Sahulu Sharma's case (supra). Thus, the benefit of the aforesaid judgment shall also accrue to the petitioners herein also.
Accordingly, the writ petition is allowed.
Order dated 17.12.2019 is quashed. The respondents are directed to permit the petitioners to join on the post of Assistant Teacher in Primary School against the Assistant Teacher Recruitment Examination 2018 expeditiously preferably within a period of six weeks from the date of production of a copy of this order.
Order Date :- 6.7.2021
VNP/-
