Ombiri and Others vs State of U.P. & Others

Amreshwar Pratap Sahi, J.—The petitioners are approved teachers of Kundan Lal Jai Kanya Junior High School, Faizullapur, district Baghpat. The institution was brought under the grantinaid list and the names of the petitioners were duly forwarded where after upon a verification, the petitioners were found entitled to payment of salary under the order of the Regional Assistant Director of Education (Basic) dated 21.2.2007; a copy of the said order is Annexure8 to the writ petition.

The petitioners as well as the other staff of the institution were not receiving the salary in spite of the funds having been released as a result whereof they made an inquiry and Sri A.K. Goyal, learned counsel for the petitioner, submits that they have come to know that it is on account of the query raised by the Assistant Director of Education (Basic) on 23.3.2007 that the payments have been withheld; a copy of the said query is Annexure11 to the writ petition. The same recites that the petitioners are Assistant Teachers and their qualification of B.Ed. has been obtained through correspondence course. On this issue, a direction has been sought from the Director of Education (Basic), Allahabad. Sri Goyal contends that it appears that on account of the aforesaid issue of qualification of the petitioners that the salary has not been released so far.

The contention of Sri Goyal is 3 fold; firstly, the petitioners have been awarded their B.Ed. degree through correspondence course prior to the enforcement of the National Council for Teachers Education Act; secondly, the said Degree has been awarded by the Universities, which are recognized by the University Grants Commission; and thirdly, even otherwise the correspondence course B.Ed. has been acknowledged to be a valid Degree under the Full Bench judgment of this Court in the case of Bhupendra Nath Tripathi and others Vs. State of U.P. and others, 2009 (1) UPLBEC 1.

Learned Standing Counsel, on the other hand, submits that the matter relating to the case of Bhupendra Nath Tripathi is already engaging the attention of the Apex Court and the following order has been passed on 12.5.2009:

"Issue notice.

Mr. Rameshwar Prasad Goyal, learned counsel accepts notice on behalf of the respondents.

In the meanwhile, we direct that statusquo with regard to the training of the respondents shall remain stayed.

Tag with S.L.P. (C) Nos. 48544856 of 2009.

List these matters in the month of August, 2009."

He, therefore, submits that the matter relating to the issue of the correspondence course as a valid degree is yet to be determined by the Apex Court.

I have perused the aforesaid judgment and also the facts relating to B.Ed. degree of the petitioners. Prima facie, it is evident that the petitioners have been awarded the B.Ed. Degree through correspondence course prior to the enforcement of the National Counsel For Teachers Education Act; secondly, the Full Bench judgment is still in force and has not been set aside; and thirdly, the claim of the petitioners had been examined by the Assistant Director of Education (Basic). In view of the aforesaid position, so long as the appointment of the petitioners and their qualifications are not held to be invalid, they are entitled to payment of salary.

Let a show cause issue to the respondent Nos. 1 to 5 calling upon them to explain as to why the payment of the petitioners be not released in the light of submissions noted herein above within 3 weeks from the date of production of a certified copy of this order before the Respondent No.2.

List immediately thereafter.