BHAGWAT NARAIN CHATURVEDI Vs. STATE OF UP

JUDGEMENT

(1.) The appellants-petitioners (hereinafter referred to as 'appellants') possess a teaching certificate, namely, Buniyadi Praman Patra Pariksha conducted by the Government of Madhya Pradesh in the year 1994-95, which they claim to be an equivalent certificate in terms of such recognition conferred by the State of Uttar Pradesh under the directives dated 16.3.1973, a copy whereof is Annexure No. 2 to the writ petition. They submit that such a certificate was issued under a valid authority and therefore, they are fully qualified and eligible for being appointed as Assistant Teachers under the U.P. Basic Education (Teachers) Service Rules, 1981. They rely on a decision of the Supreme Court in the case of Suresh Pal and Ors. v. State of Haryana and Ors., 1987 AIR(SC) 2027.

(2.) Learned Standing Counsel for the respondents contends that the said equivalence was not a valid recognition and the same has also been withdrawn in the year 1997 through Government Order dated 11/13th August, 1997 and hence the appellants who are now seeking appointment under the 1981 Rules, would not be entitled to any such benefit. He, therefore, submits that the writ petition has been rightly dismissed and the order does not call for any interference.

(3.) The learned Single Judge recorded a finding that the certificate of training possessed by the appellants does not conform to the provisions of the National Council for Teachers Education Act, 1993, which prohibits the issuance of any such certificate for teachers training under the provisions of the said Act. It has been further held by the learned Single Judge that the judgment relied by the learned Counsel for the appellants in the case of Suresh Pal (supra) does not come to their rescue and therefore, the mandamus as prayed for, cannot be granted.