WPSS/2025/2022
2022 Latest Caselaw 3526 UK

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                                     WPSS No. 2025 of 2022
                                     Hon'ble Manoj Kumar Tiwari, J.

Mr. Amish Tewari & Mr. Kailash Chandra, Advocates for the petitioner.

Mr. Rakesh Kunwar, Addl. C.S.C. for the State/ respondent nos. 1 & 2.

Mr. Yogesh Pacholia, Advocate for respondent no. 3.

Mr. Shashank Upadhyaya, Advocate for respondent no. 4.

Mr. Rajesh Sharma, Standing Counsel for the Union of India/respondent no. 5.

Heard learned counsel for the parties. Petitioner applied pursuant to an advertisement for appointment as Assistant Teacher in a Government Primary School.

It is not in dispute that petitioner obtained Diploma in Elementary Education from National Institute of Open Schooling through distance mode, and the course duration of such diploma is 18 months. The authorities of Education Department, however, were insisting that, only such candidates, who have possessed two years Diploma in Elementary Education, alone are eligible for appointment.

By means of this writ petition, petitioner has sought the following relief:-

"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 2 to consider the candidature of the Petitioner for the appointment on the post of Assistant Teachers in the Government Primary school on the basis of the application made by the Petitioner."

Learned counsel for petitioner has relied upon a judgment rendered by Division Bench of this Court in Writ Petition (S/S) No. 350 of 2021 and other connected petitions. He thus submits that since Division Bench has held in the said judgment that 18 months' Diploma, obtained through distance mode from National Institute of Open Schooling, is valid qualification for appointment as Assistant Teacher in Government Primary School, therefore, the writ petition may be decided in terms of the judgment dated 14.09.2022 rendered by Division Bench in the aforesaid judgment.

Learned counsels for respondents also do not dispute the aforesaid submission made by petitioner and they fairly concede that controversy is now settled by Division Bench in the aforesaid judgment.

In such view of the matter, present writ petition is decided in terms of the judgment dated 14.09.2022 rendered in Writ Petition (S/S) No. 350 of 2021 and other connected writ petition by Division Bench of this Court.

(Manoj Kumar Tiwari, J.) 04.11.2022 Navin