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Judgment
M. Katju, J.—Heard Sri Ashok Khare learned counsel for the petitioner and Sri S. G. Hasnain learned counsel for the respondent Nos. 2 and 3.
The petitioner holds a post Graduate Diploma in Nursery Education and he claims that he is eligible for appointment as Assistant Teacher in Primary Schools run by the Board of Basic Education. Hence, he has prayed for a mandamus directing the respondents to consider him for appointment as an Assistant Teacher in a primary school run by the Board of Basic Education.
In this connection the relevant rule being Rule 8(1) of the U.P. Basic Education (Teachers) Service Rules 1981 states:
"Academic qualifications.(1) The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 4 shall be as shown against each:
(i) Mistress of Nursery Certificate of Teaching Schools. (Nursery) from recognised institution in Uttar Pradesh or any other training qualification recognised by the State Government as equivalent there to.
(ii) Assistant Master High School Exand Assistant amination of the Mistress of Junior Board of High Basic Schools. School and inter mediate Education, Uttar Pradesh or any other qualification recognised as equivalent thereto by the State Government together with the training qualification consisting of a basic Teacher''s Certificate, Hindustani Teachers Certificate, Junior Teacher''s Certificate of Teaching or any other training course recognised by the State Government as equivalent thereto."
A perusal of the above rule shows that the essential qualification for appointment as an Assistant Teacher in a Primary school is a Basic Teacher''s Certificate (ETC), Hindustani Teachers Certificate, Junior Teacher''s Certificate of Teaching or any other training course recognised by the State Government as equivalent thereto. Admittedly, the petitioner does not have Basic Teacher''s Certificate, Hindustani Teachers Certificate or Junior Teachers Certificate of Teaching. Hence, he could only be eligible if he has undergone a training course recognised by the State Government as equivalent to B.T.C., H.T.C. or Junior Teacher''s Certificate of Teaching. The Post Graduate Diploma in Nursery Education admittedly has not yet been recognised by the State Government as equivalent to the aforesaid qualification. Hence, at present the petitioner cannot be said to be qualified for appointment as Assistant Teacher in a primary school.
However, it is open to the petitioner to approach the State Government through the concerned Secretary claiming his qualification as equivalent to Basic Teacher''s Certificateand if he does so, the said representation will be decided with in a month thereafter in accordance with law by a speaking order.
With these observations, this writ petition is finally disposed of.