ATUL MANI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners have approached this Court for following prayer:

(2.) Brief background of the case is that Petitioners is holding M.A. degree in English literature but opted English language at graduation level. Advertisement No. 1 of 2010 has been issued by the U.P. Secondary Education Services Selection Board, Allahabad for the post of trained graduate teacher in English subject. Qualification, which has been prescribed therein is that for the purpose being appointed as TGT grade of English Subject teacher, incumbent must be Graduate in English Literature alongwith B.Ed. Petitioner has tried to contend that candidate receiving B.Ed. degree with English Subject have to impart teaching in English language as one of the practical subject while English literature was not included. Petitioner has tried to contend that trained graduate in English subject has to impart teaching upto 9th and 10th standard in which the syllabus of English subject comprises of English literature, thus English language is essential and constitute major part of syllabus and in such a situation English language ought to be included in the minimum qualification in graduation standard for appearing in examination for the post of trained graduate teachers in English subject. Petitioner further submits that classification between candidate opting English language and candidates opting English literature in their graduation standard for appearing in examination is unreasonable, impracticable and unsound and particularly when the major portion of syllabus in 9th and 10th standard comprises of English Language. Petitioners have approached this Court with all these complaint noted above and the prayer made above.

(3.) Sri. Satyendra Nath Tiwari, Advocate, learned Counsel for the Petitioners contended with vehemence that in the present case fixation of eligibility criteria for the post of teaching in English subject is totally arbitrary, unreasonable that candidate must be Graduate with English literature alongwith B.Ed whereas English language covers major part of syllabus and as such English language ought to have been included amongst one of the eligibility requirement as such writ petition as it has been framed and drawn deserves to be allowed.