Allahabad High Court
Soni And 2 Others vs State Of U.P. And 3 Others on 25 March, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 1065 of 2021
Petitioner :- Soni And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Seemant Singh
Counsel for Respondent :- C.S.C.,Dhananjay Awasthi,Raghvendra Pratap Singh
Hon'ble Salil Kumar Rai,J.
Heard Shri Seemant Singh, the counsel for the petitioners and Shri Raghvendra Pratap Singh, Advocate, representing District Basic Education Officer, Mainpuri.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents to issue appointment letters in favour of the petitioners on the post of Assistant Teacher in Primary School in District-Mainpuri as a consequence of they having been selected for the said posts in Assistant Teacher Recruitment Examination-2019.
In pursuance to the previous orders passed by this Court, Shri Raghvendra Pratap Singh, Advocate, has obtained instructions and has handed over a copy of the same to the Court, which is taken on record.
As the instructions are comprehensive, no counter affidavit is required and the Court has proceeded to decide the present writ petition without calling for a counter affidavit.
On the basis of his instructions, Shri Raghvendra Singh, Advocate states that the petitioners have obtained Diploma Course in Elementary Teacher Education after completing their intermediate and did their graduation after obtaining the said Diploma and, therefore, under Rule 2(1)(q) of the Uttar Pradesh Basic Education Teachers Service Rules, 1981, the petitioners do not possess the essential qualification as they can not considered to be 'trained teachers' and therefore no appointment letters can be issued to them.
The controversy involved in the present petition has already been decided by this Court in Writ-A No. 23691 of 2018 (Vikram Singh And 4 Others Vs. State of U.P. And 3 Others) and Writ-A No. 5981 of 2019 (Suraj Kumar Tripathi Vs. State of U.P. And 3 Others) and the aforesaid judgements have become final as no special appeal had been filed against the aforesaid judgements. The observation of the Court in Writ-A No. 5981 of 2019 is reproduced below :-
"From a perusal of the written instructions filed by the District Basic Education Officer, Allahabad, it is evident that objection taken to the teachers training qualification possessed by the petitioner is that the eligibility qualification for admission to the said training course is 10+2 (Intermediate) examination, whereas as per Rule 2(1)(q) of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as 'the Rules, 1981'), the teachers training course should be that as recognized by the Government or NCTE and wherein eligibility qualification should be graduate. The objection being raised by the District Basic Education Officer on the said issue has been dealt with by this Court in the judgment and order dated 17.4.2019 in Writ-A No. 23691 of 2018 (Vikram Singh and 4 others vs. State of U.P. and 3 others).
Further, the fact in the instant case that the petitioner had completed graduation course before completion of diploma in Elementary Education (Teachers Training Course) is not disputed.
Reference may also be made to the norms and standards for diploma in elementary teacher education Programme leading to Diploma in Elementary Education (D.El.ED) as contained in Appendix-2 of NCTE Regulations 2014 which provides eligibility for admission to the training course. Relevant Clause '3.2' reads as under:-
"3.2 Eligibility (a) Candidates with at least 50% marks in the higher secondary (10+2) or its equivalent examination are eligible for admission.
(b) The reservation and relaxation in marks for SC/ST/OBC/PWD and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable."
The standards for Elementary Education Programme fixed by the NCTE Rule, 2014 would prevail over the provisions as contained in Rule 2(1)(q) of 1981 Rules as the NCTE Rules 2014 is the central legislation.
For the aforesaid, it cannot be said that the petitioner is not eligible for being appointed on the post of Assistant Teacher having been qualified in the Assistant Teacher Recruitment Examination-2018.
However, as to the diploma course being recognized by N.C.T.E. or genuineness or correctness thereof, it is always open for the District Basic Education Officer, Allahabad to make an enquiry after issuance of appointment letter.
The respondent no. 4 is, therefore, directed to issue an appointment letter to the petitioner within a period of two weeks from the date of submission of certified copy of this order.
Subject to the above, the writ petition is allowed."
In view of the previous judgements passed by this Court, the writ petition is allowed.
The District Basic Education Officer, Mainpuri is directed to issue appropriate appointment letters to the petitioners within a period of one month from the date a certified copy of this order is produced before him.
Order Date :- 25.3.2021
Anurag/-
