D ED QUALIFICATION ACCEPTANCE FOR 15000 BTC TEACHER IN ALLAHABAD HIGH COURT

D ED QUALIFICATION ACCEPTANCE FOR 15000 BTC TEACHER IN ALLAHABAD HIGH COURT


15000 BTC PRT Recruitment, BTC

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 4

Case :- WRIT - A No. - 10259 of 2015

Petitioner :- Priyanka
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Manish Chandra Tiwari
Counsel for Respondent :- C.S.C.,Rajesh Yadav

Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioner made a mention in the morning� that the matter is urgent as the last date of submission of� online application form is 20.2.2015, hence� the� record was� called from the office of the� Stamp� Reporter.�
Heard learned counsel for the parties.
The petitioner possessed the qualification of Diploma in Education i.e. D.Ed.� and claims to be eligible for appointment on the post of Assistant Teacher in the primary school. She is an applicant against the advertisements dated 12.12.2014 and 15.12.2014. The contention of the petitioner is that qualification possessed by her is the prescribed� qualification by the� NCTE.
By means of present writ petition, the petitioner has sought for� a direction to the respondents to consider the selection and appointment of the petitioner pursuant to the notification dated 9.12.2014 and advertisement dated 26.12.2014� issued for the selection and appointment� against 15,000 posts of� Assistant� Teachers.
Similar controversy came up before Division Bench of this Court in Special Appeal Defective No. 130 of 2014 Harsh Kumar & another vs. State f U.P. and four others connected with another Special Appeal No. 131 of 2014 Devendra Narayan Pandey and 11 others. It was observed that qualifications which have been prescribed by the NCTE in notification dated 29.7.2011 include two years Diploma in Education (Special Education) i.e. D.Ed. Once the qualifications have been prescribed by the NCTE, these would necessarily be binding and it is not open for the State Government to exclude (from the zone of eligibility). Consequently, Diploma in Education(Special Education) was held to be a qualification which is recognized for appointment on the post of Assistant Teacher for teaching class 1 to 5. A mandamus be issued directing the State Government to permit the appellants therein and such other persons who claim to be holding such qualification which are within the purview of the notification issued by NCTE on 23.8.2010 as amended on 29.7.2011, to apply for the post of Assistant Teacher for teaching class 1 to 5 which was subject matter of advertisement in question.
Learned counsel for the petitioner submits that Special Leave Petition filed in the Apex Court against judgment of this Court dated 5.2.2014 in Special Appeal Defective Nos. 130 of 2014 and 131 of 2014 was dismissed on 13.1.2015. Contention is that the petitioner possesses eligibility qualification as prescribed by NCTE in notification dated 23.8.2010 as amended on 29.7.2011 and hence the case is covered by the judgment of this Court in Harsh Kumar(supra).
Learned Standing Counsel appearing for respondent No.1 Prays for and is� allowed three weeks' time to file counter affidavit. One week thereafter for filing rejoinder affidavit.
List after four weeks.
In view thereof, a mandamus is issued to the respondents to accept the application form of the petitioner who claims to be holding the eligibility qualification as per notification issued on 23.8.2010 as amended on 29.7.2011 for the post of Assistant Teacher in the primary school(class 1 to 5) as against advertisement dated 12.12.2014/13.12.2014 i.e. advertisement in question.
Order Date :- 19.2.2015
P.P.