RAMESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Shri Shailendra, Advocate, for the Petitioners, Sri S.G. Hasnain, Learned Additional Advocate General, Sri R.N. Singh, Senior Advocate and Sri K.S. Kushwaha, Learned Standing Counsel had appeared on behalf of the Respondents.

(2.) Sri Hasnain stated that Sri R.N. Singh has been authorized to represent all the Respondents in this case. He further stated that since leaned Advocate General is not present on account of his preoccupation in Lucknow, if after hearing Sri R.N. Singh, who has been authorized to appear on behalf of all the Respondents, the Court still wants his assistance, he may appear on some other day. Sri Anil Sant, Secretary, Basic Education, Sri D.C. Kannaujia, Director (SCERT) and Basic Education and Sri I.P. Sharma, Secretary Basic Education Board, in pursuance of this Court's order dated 18.1.2011 are present.

(3.) This is a simple matter but uncertain contradictory stand taken by the Respondents has made it complicated. Sri Shailendra, learned Counsel for the Petitioners, in brief, stated that Special BTC course is a training which makes a person eligible for appointment to the post of Assistant Teacher in a primary School. Mere passing of the training course does not mean automatic appointment. For the purpose of appointment, Respondents have to follow the procedure prescribed under 1981 Rules but the same has not been done as a result thereof some of the candidates who had passed BTC or other training course have not been able to apply or being considered for appointment on the post of Assistant Teacher in primary schools maintained by Board of Basic Education.