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Judgment
Dilip Gupta, J.—The petitioner was appointed as an Assistant Teacher in the Wasiyatul Uloom Balika (Niswan) Junior High School, Baiswara Ghosi, district Mau, by the order dated 30th October, 1997 after obtaining approval from the District Basic Education Officer, Mau on 27th October, 1997.
The said approval is sought to be questioned at this stage on the ground that the degree of Moallim-E-Urdu has not been treated to be equivalent to B. Ed. under the Government Order dated 11th August, 1997.
It is the contention of learned Counsel for the petitioner that the said Degree was obtained prior to 11th August, 1997 and, therefore, the respondents are not justified in questioning the appointment of the petitioner. In support of his contention he has placed reliance upon the judgment and order dated 1st October, 2010 passed this Court in Special Appeal (Defective) No. 685 of 2010 District Basic Education Officer, District Unnao and Anr. v. Mohd. Naseem and Ors.
The matter requires examination.
Learned Standing Counsel appears for respondent Nos. 1, 2, 3 and 4. Issue notice to respondent No. 5 by registered post. Steps may be taken within a week. The respondents may file a counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition for admission/hearing in the week commencing 17th January, 2011.
In view of the submission advanced by learned Counsel for the petitioner and in view of the judgment rendered by this Court in Mohd. Naseem (supra), it is ordered that the operation of the impugned order dated 27th September, 2010 shall remain stayed till the next date of listing.