Sandeep Yadav vs Directorate of Education & Others

L. Narasimha Reddy, J

The post of Physical Education Teacher, in the Directorate of Education, GNCTD was advertised in the year 2017 under the Post Code No.90/17. The applicant took part in the written test and was selected provisionally, and an order of provisional appointment was issued. However, on verification, it was found that the applicant did not hold the B.P.Ed. Degree from an Institution recognised by the National Council for Teachers Education (NCTE). Initially, he was issued a charge memo. Thereafter, the respondents kept the appointment of the applicant in abeyance vide order dated 30.06.2020. It is stated that when nothing was forthcoming from the applicant, notice was issued on 06.08.2020 terminating the services of the applicant, to be with effective after one month from the date of the notice. This OA is filed challenging the notice dated 06.08.2020.

The applicant contends that there was no stipulation in the advertisement that the BPEd certificate should be the one from an Institute recognised under the NCTE, and that the ground taken by the respondents is an afterthought. The applicant further contends that he got issued a legal notice and despite that impugned notice was issued.

We heard Shri Ajay Sharma, learned counsel for applicant and Ms. Esha Mazumdar, learned counsel for respondents, at the stage of admission.

The post involved is of Physical Education Teacher. One of the qualifications stipulated for the post is that a candidate must possess degree in BPEd. The applicant contends that he studied the BPEd course from Singhania University of Rajasthan. The respondents insisted that the certificate must be from an institute, which is recognised by the NCTE.

The Institution from which the applicant studied, no doubt, was recognised by the UGC. However, when it comes to the question of recognition of the educational qualification for appointment to the post of Teachers, the recognition of the concerned Institute or the course is to be by the NCTE. This is a Statutory Authority created for the purpose of regulating the appointment of teachers, and other connected matters. The UGC, however, is stipulated with the power of recognised qualification. A perusal of the legal notice, got issued by the applicant discloses that an attempt is made to criticise the NCTE itself and alleging that the said organisation is spreading rumours for its convenience. We find it difficult to countenance such a plea.

We, do not find any merit in OA and accordingly dismiss the same. There shall be no order as to costs.