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HAZARON WRIT COURT MEIN PAD CHUKEE HAIN, FIR AJAB GALAB COURT MATTER
B.Ed.
(Special Education) Provisionally Permitted for Selection Process of
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 58
Case :- WRIT - A No. - 4514 of 2015
Petitioner :- Anjani Kumar Pandey And Anr.
Respondent :- State Of U.P. And 6 Ors.
Counsel for Petitioner :- Uma Nath Pandey,Ashok Khare
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
1. Heard Shri Ashok Khare, Senior Advocate assisted by Shri Uma Nath Pandey for the petitioners.
2.
By means of present writ petition, the petitioners have prayed for
quashing the impugned decision of the State Grievance Committee dated
26.12.2014, and consequential order dated 13.1.2015 passed by Director,
State Council of Educational Research and Training (SCERT) Lucknow. They
have further prayed for a mandamus commanding the respondents to issue
the appointment letters to them in their respective category being duly
selected candidates along with all consequential benefits.
3. The
State Government had issued a Government Order on 27.9.11 for filling up
72,825 vacancies of trained Teachers in Parishadiya Parimary Schools.
The advertisement was issued on 01.12.2011 in daily newspaper 'Dainik
Jagaran'. In pursuance to the aforesaid advertisement, the petitioners
applied in different districts after completing the entire formalities.
Both the petitioners, having graduation from duly recognised
Universities and also having training qualification of B.Ed (Special
Education) from U.P. Rajarshi Tandon Open University, Allahabad, have
also passed U.P. Teachers' Eligibility Test 2011 (Primary Level). It has
also been averred in the writ petition that the B.Ed (Special
Education) training given by the U.P. Rajarshi Tandon Open University is
duly recognised by the Rehabilitation Council of India (RCI) and both
the petitioners are duly registered with RCI. The relevant RCI
certificates have also been brought on record as Annexure Nos. 7 and 8
to the writ petition. In pursuance to the advertisement the counselling
letters were issued SCERT in favour of the petitioners. Thereafter the
petitioner no.1 appeared in 3rd Counselling in District Siddharth Nagar
being General, Male, Art candidate and the petitioner no.2 participated
in 4th counselling in District Siddharth Nagar being General, Male,
Science candidate. The district-wise chart has been prepared in which
their names have been shown. A controversy has been crept at the time of
counselling where few applicants were not permitted to participate in
the counselling on the basis of some Circular dated 27.8.2014 issued by
the Director, SCERT, Lucknow in which B.Ed degree is mentioned but B.Ed
(Special Education) has not been mentioned. Though the same was
mentioned in the Government Order dated 27.9.2011, which categorically
provided that the applicants, who had passed B.Ed (Special Education)
could also apply. Certain amendments have also been carried out in
between.
4. Shri Ashok Khare, Senior Advocate appearing for the
petitioners submits that for appointment of teachers, guidelines issued
by the NCERT are binding over the authorities. He submits that the
petitioners fulfill the criteria laid down by NCERT with B.Ed (Special
Education) and only on the basis of possessing B.Ed (Special Education)
the petitioners were permitted to participate in the counsellings. In
this regard he has emphasized the guidelines and notification dated
29.7.2011 and 30.5.2014, which clearly provide that candidates, who
possessed B.Ed (Special Education) are eligible for appointment against
the Assistant Teachers in Primary Schools. He further makes submission
that the guidelines and instructions issued by SCERT are binding for
appointment of Assistant Teachers in Primary School.
5. Shri Ashok
Khare has relied upon a Full Bench judgment of Hon'ble Apex Court in
Shiv Kumar Sharma vs. State of UP and others 2013 (6) ADJ 310 and an
order passed by a Division Bench of this Court in Special Appeal No.1234
of 2013 reported in 2014 (1) ADJ 1. Recently a similar controversy has
been been considered by this Court in Special Appeal Defective No. 130
of 2014 (Harsh Kumar vs. State of UP and others decided on 5.2.2014
reported in 2014 (2) ADJ 730. In this background he has also drawn
attention of this Court to an interim order dated 30.10.2014 passed in
Writ Petition No.54547 of 2014 (Himanshu Mishra and ors vs. State of UP
and others), which reads as as follows:-
"Heard Sri R.K. Ojha,
learned senior counsel assisted by Sri S.C. Tripathi, learned counsel
for the petitioner, Sri A.K. Yadav, learned counsel for the respondent
No.3 & 4 and the learned standing counsel for the State.
Sri R.K.
Ojha with reference to provisions contained in the NCTE Notification
dated 23.08.2010 as amended in the year 2011, the Government Order dated
27.09.2011 read with the Government Order dated 27.08.2014, the
Division Bench judgment of this court dated 05.02.2014 passed in Special
Appeal Defective No.130 of 2013 and a recent judgment of the Supreme
Court dated 19.09.2014 passed in Special Leave Petitions (CC)
No.12060-12061/2014 submits that in the selection in question, the B.Ed.
holders have been allowed to participate, but, the petitioners who
possess the qualification of B.Ed. (Special) which is a better
qualification, are not being allowed to participate. He further submits
that as per paragraph-2(kha) of the G.O. dated 27.09.2011, candidates
having qualification of B.Ed. (Special Education) have been permitted to
participate, subject to the condition that they would undergo a six
months special training/ program after appointment and the G.O. dated
27.08.2014 has been issued in continuation of the earlier G.O. dated
27.09.2011. In spite of it, the respondents are not permitting the
petitioners to appear in the counselling on the ground that they possess
the qualification of B.Ed. (Special).
The matter requires consideration.
Considering
the facts and circumstances of the case, it is provided that the
petitioners shall be allowed to appear in the counselling for the
selection of Trainee Teachers of the year 2011, provisionally, subject
to verification of their B.Ed. (Special Education) certificates by the
concerned authorities.
The respondents may file counter affidavit within six weeks. List thereafter."�
6.
Shri Ashok Khare submits that the similar controversy has already been
decided by the Division Bench of this Court in Harsh Kumar's case
(supra). It was assailed by the State Government by means of Special
Leave Petition (C) No.12060-12061 of 2014 (State of UP and ors vs. Harsh
Kumar and ors), which was eventually dismissed on 13.1.2015 by Hon'ble
Apex Court and the judgment passed in Harsh Kumar's case (supra) has
attained finality. He further apprised to the Court to the interim
order� dated 30.10.2014 in Himanshu Mishra's case (supra) and no special
appeal has been filed against the interim order and still the same is
operative but ignoring the mandate issued by Hon'ble Supreme Court, the
State Grievance Committee gave the opinion that the candidates, who
possessed B.Ed (Special Education), are not eligible for appointment as
Assistant Teachers against the selection of trained teachers, which is
patently illegal and clear disobedience to the mandate issued by this
Court.
7. In view of above, the matter requires consideration.
8.
Learned Standing Counsel appears for respondent nos.1, 3, 4, and 6. Shri
Ashok Kumar Sing has accepted notice on behalf of respondent nos. 5 and
7.� The respondents pray for and are granted a week's time to seek
instructions in the matter.
9. As prayed, put up this matter as fresh on 18.2.2015.
10.
It is observed that the respondents may carry out the selection process
and� two seats would be kept vacant for the petitioners in their
respective category.
Order Date :- 2.2.2015
RKP
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