UPTET / Allahabad Highcourt : Petitioner Possess NTT Qualification And Wants to Become Primary Teacher , Petition Dismissed

UPTET  / Allahabad Highcourt : Petitioner Possess NTT Qualification And Wants to Become Primary Teacher , Petition Dismissed

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 31229 of 2013 

Petitioner :- Neetu Srivastava And Anr. 

Respondent :- State Of U.P.& 5 Ors. 

Counsel for Petitioner :- Siddharth Khare,Ashok Khare 

Counsel for Respondent :- C.S.C.,A.K.Yadav 

Hon'ble Amreshwar Pratap Sahi,J. 

Heard Sri Ashok Khare learned senior counsel for the petitioners. 

Sri Khare contends that the government order dated 26.4.2013 issued for appointment as Assistant Teachers wrongly excludes the qualification of two years Nursery Teachers Training Course which is a course recognised as per the norms of the National Council for Teacher Education and is also a qualification indicated in the qualification of Teachers Eligibility Test. 

He therefore submits that the respondents have erroneously advertised the posts for recruitment without including the aforesaid training course which is possessed by the petitioners.He also places reliance on the amended Rule 8 of the 1981 Rules. 

Having heard Sri Khare it is relevant to mention that the qualifications that are prescribed for appointment are contained in U.P.Basic Education Teachers Service Rules, 1981 as amended up to the Sixteenth Amendment where no such qualification as indicated by the petitioner is mentioned. 

The contention is that such qualifications are recognized by the National Council for Teacher Education both for appointments and for Teacher Eligibility Test. The same may be correct but the Court is unable to find out a generic nexus between the qualifications mentioned in Rule 8 of the qualifications prescribed under the 1981 Rules with the qualification of the petitioners. Thus even assuming for the sake of arguments that the prescription of the qualifications are not exhaustive yet in the absence of any specific mention of the said qualification� in the rules, the argument cannot be accepted. 

It is relevant to mention that the petitioners are seeking recruitment as Assistant Teachers in Primary Schools. 

In the opinion of the Court a qualification cannot be read into by a judicial interpretation unless there is any material of equivalence available. The Court does not find any such material and therefore to accept the said qualification would fall within the realm of the policy decision or any executive decision by an appropriate induction of the said qualification in the rules by the Rule making authority. 

For this the petitioners will have to approach the State Govt. namely the respondent No.1 for the redressal of their grievances. No mandamus can be issued as prayed for. 

The writ petition is dismissed with liberty to the petitioners to approach the respondent no.1 for the rederessal of their grievances. 

Order Date :- 31.5.2013 

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