Uttarakhand High Court
WPMS/2183/2020 on 21 November, 2022
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
WPMS No. 2183 of 2020
Hon'ble S.K. Mishra, J.
Mr. R.P. Singh, learned counsel for the
petitioner.
Mr. T.S. Fartiyal, learned Additional C.S.C.
for the State/respondent nos. 1 & 2.
Mr. Yogesh Pandey, learned counsel for
respondent no. 3.
By filing this writ application, the petitioner
has prayed for the following reliefs:
(i) Issue a writ order or direction in the
nature of certiorari quashing the
impugned list of rejected application
(Annexure-7) so far it relates to rejection
of candidature/application of petitioner
for B.Ed. (ODL) Course.
(ii) Issue a writ order or direction in the
nature of mandamus commanding and
directing the respondents to consider the
petitioner's qualification i.e. D.L.Ed.
from National Institute of Open
Schooling as eligible for pursuing the
B.Ed. (ODL) Course and accordingly the
petitioner may be permitted to appear in
the counseling scheduled to be held on
19th, 20th and 21st November 2020.
It is submitted by the learned counsel for the
petitioner that as per the judgment delivered on
14.09.2022 by the Division Bench headed by
Hon'ble the Chief Justice of this Court, the matter
has already been decided. The dispute was
whether the petitioner and similarly situated
persons, who had got obtained their D.EI.Ed. from
N.I.O.S. are eligible and qualified to be permitted
to appear in the counseling for the appointment of
elementary school teacher.
The Division Bench of this Court in the
aforesaid case has already settled this matter to
rest. For proper appreciation we take into
consideration the observations made by the
Division Bench of this Court in paragraph-50 51,
which runs as follows:
"50. We are also of the view that in the
light of the judgment of the Supreme Court in
Shiv Kumar Pathak (supra), the State
Government is bound to act as per the directions
and orders issued by the NCTE, which is
constituted under a Central legislation, and is
recognized by the Central Government as the
academic authority under Section 23 of the RTE
Act. The qualifications prescribed by the NCTE
for teachers, inter alia, teaching primary classes
are binding on the State Government and,
therefore, the State Government cannot insist that
the Assistant Teachers (Primary) in the State
should have undergone the two-years' D.EI.Ed.
programme. In respect of the in-service teachers,
who have undergone the 18 months' D.EI.Ed.
programme conducted by the NIOS through the
ODL mode, the State Government cannot seek to
discriminate by debarring them from offering
their candidatures for the posts of Assistant
Teachers (Primary) in the State of Uttarakhand.
The impugned Communication/Order bearing No.
236/XXIV-A/1/2021/18/2018 T.C. dated
10.02.2021, issued by the Secretary, Department
of Elementary Education, Uttarakhand, Dehradun,
therefore, cannot be sustained, and we,
accordingly, quash the same.
51. We allow all the writ petitions, and
hold that the 18 month D.EI.Ed. Training
Diploma conducted through the ODL mode in
elementary education by the NIOS is a valid
Diploma for applying against the regular posts of
Assistant Teachers (Primary) in the State of
Uttarakhand. The respondents shall, therefore,
consider the candidatures of the petitioners for the
said posts on the basis of the applications made by
them pursuant to the advertisement issued by the
Department of Elementary Education,
Government of Uttarakhand, Dehradun. The
petitioners shall be entitled to the costs quantified
at Rs. 2,000/- each to be paid by the respondent
No. 1, i.e. the State of Uttarakhand within four
weeks."
In that view of the matter, as the issue no
more integra, the writ application is allowed. It is
submitted by the learned counsel for the petitioner
that he has been allowed by an interim order
passed by this court to participate in the
counseling and he has already taken admission to
the B.ed course and completed the course, but he
has not been granted certificate.
In that view of the matter, the writ
application is allowed. The rejection application
(Annexure-7) as far as it relates to the petitioner is
hereby set-aside.
His another prayer has become redundant,
but since he has already passed the B.Ed (old
course) necessary certificate be issued in his
favour, if there is no other impediment.
There shall be no order as to costs.
(S.K. Mishra, J.)
21.11.2022
(Grant urgent certified copy as per Rules)
Pooja
