KM SUSHMA PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, the requisite qualification of a Mistress of a Nursery School is Certificate of Teaching (Nursery) from a recognized Training Institution situate in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto.

(2.) According to the petitioners, who have obtained training from Manav Bharti Teachers Training Institute, Dehradun, they have obtained Nursery Teachers Training Certificate. It has been contented that Manav Bharti Teachers Training Institute, Dehradun has been recognized by the National Council for Teachers Education.

(3.) While, Certificate of Teaching (Nursery) is appropriate academic qualification for appointment to the post of Mistress of Nursery Schools, Certificate of Teaching, appears to be the appropriate qualification for being appointed as Assistant Master and Assistant Mistress of Junior Basic Schools, in addition to Bachelors Degree in terms of the said Rules. The petitioners contend that the State of Uttar Pradesh, at one point of time, equated Certificate of Teaching (Nursery) with that of Basic Teachers Certificate, which is equivalent to Certificate of Teaching, in terms of the said Rules. In other words, the petitioners are accepting that the Certificate of Teaching, which is the recognized qualification for appointment of Assistant Master and Assistant Mistress of Junior Basic School, is different from the Certificate of Teaching (Nursery) required for appointment to the post of Mistress of Nursery Schools. Petitioners are contending that since Certificate of Teaching (Nursery) has been equated by the State Government as that of Basic Teachers Certificate, the petitioners, who have obtained Nursery Teachers Training Certificate-s i.e. Certificates of Teaching (Nursery), should be treated to have obtained certificates equivalent to Basic Teachers Certificates.