Thursday, February 5, 2015

Diploma in Education Certificate of the State of M.P. is not equivalent to BTC

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Diploma in Education Certificate of the State of M.P. is not equivalent to BTC


?Court No. - 23
Case :- SERVICE SINGLE No. - 180 of 2015
Petitioner :- Wahaj Uddi Khan
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Ashok Kumar Maurya
Counsel for Respondent :- C.S.C.,Ajay Kumar

Hon'ble Pankaj Mithal,J.
On the petition being called out, learned counsel for the petitioner has not turned up.�
Learned Standing counsel appears for respondents no. 1 and 2 and Sri Ajai Kumar for respondent no. 3.�
Petitioner himself is present. He states that he would argue the matter himself and not through the Advocate.
In view of the above, vakalatnama of learned counsel for the petitioner is discharged.
Heard petitioner in person and learned Standing counsel for the respondents.
Petitioner is seeking a direction upon the respondents to permit him to appear for selection on the post of Assistant Teacher in primary school in pursuance of the government order dated 9.12.2014 and the advertisement dated 13.12.2014.
The submission of learned counsel for the petitioner is that he is qualified to apply for the post of Assistant Teacher in primary school but his application is not being entertained for the reason that he had obtained training qualification from the State of Madhya Pradesh and not from Uttar Pradesh.
The advertisement dated 13.12.2014 is annexure 1 to the writ petition. It clearly provides that for the post of Assistant Teacher, a candidate must possesses two years BTC, BTC Urdu or Vishistha BTC apart from other conditions.
The petitioner does not possess any of the above training certificates.
The petitioner contends that he has obtained a certificate of two years diploma in education(D.Ed) in the year 2013 from Swami Vivekanand College of Profession, Chatri Road, Shivpuri, Madhya Pradesh and therefore he possesses the necessary qualification for the post of Assistant Teacher.
There is nothing on record to show that the two years Diploma in Education of Madhya Pradesh is equivalent to two years BTC, BTC (Urdu) and Vishistha BTC.�
The U.P. Basic Education (Teachers Services) Rules, 1981 lays down the essential educational qualifications for appointment of the Assistant Teacher.
Rule 8 of the above Rules provides that a candidate for Assistant Teacher must possess a bachelor decree from an University recognized by law in India or an equivalent decree thereof together with training qualification consisting of Basic Teachers Certificate (BTC), Vishistha BTC, two years BTC (Urdu), special training course, Hindustani Teachers Certificate, Junior teachers Certificate, Certificate of teaching or any other training course recognized by the Government as equivalent thereof.
The petitioner does not possess any of the above training qualification and at the same time diploma of education certificate possessed by him has not been recognized by the U.P. Government as equivalent to any of the above qualifications.
In view of the aforesaid facts and circumstances, it can not be said that petitioner is qualified to apply for the post of Assistant Teacher as advertised.
In the case of Basic Education Board, U.P. Vs. Upendra Raj (2008) 3 SCC 432 the Apex Court was dealing with similar controversy and had held that the Diploma in Education Certificate of the State of M.P. is not equivalent to BTC.�
In case the government decides about the eligibility condition and lays down for a specific qualification, the Court can not interfere with the said policy decision unless it is in violation of any statutory or constitutional provision.
Accordingly, holder of the diploma in education certificate was not recognized as eligible for the post of Assistant Teacher.
In view of the above, I find no merit in the writ petition and it is dismissed.
Order Date :- 3.2.2015
SKS

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