Allahabad High Court
Neetu Singh And Another vs State Of U.P. And 3 Others on 26 March, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 2325 of 2021
Petitioner :- Neetu Singh And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Seemant Singh
Counsel for Respondent :- C.S.C.,Dhananjay Awasthi,Sanjay Chaturvedi
Hon'ble Salil Kumar Rai,J.
Heard Shri Seemant Singh, counsel for the petitioners and Shri Sanjay Chaturvedi, representing the District Basic Education Officer, Ballia.
The present writ petition has been filed praying for a writ of certiorari quashing the list dated 5.12.2020 issued by the District Basic Education Officer, Ballia declaring the petitioners as not eligible for being appointed as Assistant Teacher on the ground that she had obtained her Diploma Course in elementary Teacher Education immediately after her intermediate and before her graduation.
It has been stated in the writ petition that the petitioners are otherwise eligible and qualified for appointment in pursuance to the selection process in the Assistant Teacher Recruitment Examination-2019.
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 disposed of.
The District Basic Education Officer, Ballia 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, if the petitioners are otherwise eligible for appointment as Assistant Teachers.
Order Date :- 26.3.2021
Anurag/-
