UPTET SARKARI NAUKRI News - JRT Teacher Bhrtee - MODEL SCHOOL TEACHER RECRUITMENT QUALIFICATION IN COURT, PETITION DISMISSED -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 17902 of 2015
Petitioner :- Deepak Kumar Sameley
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Sandeep Srivastava,Vikram Singh Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Shri Sandeep Srivastava, learned counsel for the petitioner and Shri Arjun Prasad Yadav, learned Standing Counsel appearing for the State-respondents.�
By means of this writ petition the petitioner has come to this Court raising a grievance that the model schools established under the Government of India scheme and the nodal authority being State of U.P. has prescribed qualification for 'Mathematics Teacher', which is contrary to the qualification required for 'Mathematics Teacher' by the C.B.S.E. Board to which the institutions are said to be affiliated.
The qualification provided under the C.B.S.E. Board for 'Mathematics Teacher' for teaching class 6th to 10th is Graduate in subject for which appointment is sought with the Teacher Training certificate. In the present scheme the qualification that has been provided for 'Mathematics Teacher' is Graduation in Mathematics with Physics along with one of the subject namely Chemistry, Statistics or Computer Science.
The petitioner is merely graduate in Mathematics with Teacher Training Certificate, but does not possess any qualification in Physics and also Chemistry, Statistics or Computer Science. Therefore, the grievance is that the said qualification prescribed under the scheme is contrary to the qualification prescribed for 'Mathematics Teacher' in the bye-laws of affiliation.
The appointments in the schools known as 'model schools' are as per the Government of India scheme. The State Government has been empowered to establish these institutions and may seek affiliation from any of the education boards in the country. The State of U.P. in the present case has chosen Central Board of Secondary Education. Prima facie it appears that such an affiliation with the board is only for the purpose of conduct of examination of the subjects. The subjects that would be taught in these institutions are to be decided by the State Government and to teach those subjects the qualification of the teachers has also to be decided by the State Government as mentioned in the advertisement calling for applications for appointment of such teachers. Therefore, any candidates desirous for applying for the posts must necessarily possess the qualification prescribed by the State as mentioned in the advertisement. The petitioner obviously does not possess the qualification prescribed in the advertisement. The claim that since the institution is affiliated to the C.B.S.E. Board for the purpose of conduct of examination, the prescribed qualification by the Board for the teachers to teach particular subject should also be the same, cannot be accepted. The C.B.S.E. Board has no control over the institution except for conducting examination.
Therefore, in my view, the State is well within its authority to prescribe the qualification for the teachers to teach a particular subject distinct from the qualification prescribed by Board. In any case the qualification prescribed is not qualification, which is less than the qualification prescribed by the Board but to maintain higher standard if higher qualification is prescribed, the same cannot be held to be discriminatory.
The petitioner not having the requisite qualification as per the scheme and the advertisement cannot raise any grievance.
The writ petition has no merit and it is, accordingly, dismissed.
Order Date :- 2.4.2015
Sunil Kr. Gupta
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 17902 of 2015
Petitioner :- Deepak Kumar Sameley
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Sandeep Srivastava,Vikram Singh Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Shri Sandeep Srivastava, learned counsel for the petitioner and Shri Arjun Prasad Yadav, learned Standing Counsel appearing for the State-respondents.�
By means of this writ petition the petitioner has come to this Court raising a grievance that the model schools established under the Government of India scheme and the nodal authority being State of U.P. has prescribed qualification for 'Mathematics Teacher', which is contrary to the qualification required for 'Mathematics Teacher' by the C.B.S.E. Board to which the institutions are said to be affiliated.
The qualification provided under the C.B.S.E. Board for 'Mathematics Teacher' for teaching class 6th to 10th is Graduate in subject for which appointment is sought with the Teacher Training certificate. In the present scheme the qualification that has been provided for 'Mathematics Teacher' is Graduation in Mathematics with Physics along with one of the subject namely Chemistry, Statistics or Computer Science.
The petitioner is merely graduate in Mathematics with Teacher Training Certificate, but does not possess any qualification in Physics and also Chemistry, Statistics or Computer Science. Therefore, the grievance is that the said qualification prescribed under the scheme is contrary to the qualification prescribed for 'Mathematics Teacher' in the bye-laws of affiliation.
The appointments in the schools known as 'model schools' are as per the Government of India scheme. The State Government has been empowered to establish these institutions and may seek affiliation from any of the education boards in the country. The State of U.P. in the present case has chosen Central Board of Secondary Education. Prima facie it appears that such an affiliation with the board is only for the purpose of conduct of examination of the subjects. The subjects that would be taught in these institutions are to be decided by the State Government and to teach those subjects the qualification of the teachers has also to be decided by the State Government as mentioned in the advertisement calling for applications for appointment of such teachers. Therefore, any candidates desirous for applying for the posts must necessarily possess the qualification prescribed by the State as mentioned in the advertisement. The petitioner obviously does not possess the qualification prescribed in the advertisement. The claim that since the institution is affiliated to the C.B.S.E. Board for the purpose of conduct of examination, the prescribed qualification by the Board for the teachers to teach particular subject should also be the same, cannot be accepted. The C.B.S.E. Board has no control over the institution except for conducting examination.
Therefore, in my view, the State is well within its authority to prescribe the qualification for the teachers to teach a particular subject distinct from the qualification prescribed by Board. In any case the qualification prescribed is not qualification, which is less than the qualification prescribed by the Board but to maintain higher standard if higher qualification is prescribed, the same cannot be held to be discriminatory.
The petitioner not having the requisite qualification as per the scheme and the advertisement cannot raise any grievance.
The writ petition has no merit and it is, accordingly, dismissed.
Order Date :- 2.4.2015
Sunil Kr. Gupta
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