TARA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) In this petition, the petitioners have prayed for quashing the orders dated 18.3.1996 and 17.1.1996 issued by respondents (Annexures-57 and 56) and further prayer has been made seeking direction to the respondents not to interfere in any manner in providing Basic Training Course of two years through correspondence to the petitioners and direction to the respondents to abide by the said Government orders 6.9.1994 and 21.10.1994. I have heard Sri Arvind Kumar Srivastava, learned counsel for the petitioners and learned standing counsel for the respondents.

(2.) Brief facts necessary for adjudication of the writ petition are that the petitioners are appointed by Committee of Management and are working as Assistant Teachers in privately managed respective schools duly recognised by the Zila Basic Shiksha Adhikari under the provision of U. P. Basic Education Act, 1972 (hereinafter referred as the 'Act'). According to the petitioners, they are in possession of minimum qualification and employed in unaided educational institution where petitioners are being paid salary by management through private funds. The petitioners have contended that they did not possess B.T.C. Training Certificate and were untrained teachers. The appointments of untrained teachers were made In view of the fact that no trained teachers were available for appointment in the recognised unaided educational institutions.

(3.) The State Government by Government order dated 6.9.1994 (Annexure-53) directed that such untrained teachers may be permitted to join the two years B.T.C. correspondence course and after they pass, they could be given the trained teacher's grade. This Government order was followed by another Government order dated 21.10.1994 (Annexure-54 to the writ petition) which reiterates the similar direction. By a subsequent circular issued by the Director of Education (Basic) U. P. on 17.1.1996 (Annexure-56 to the writ petition), it was indicated that this benefit will be given only to the untrained teachers in institutions directly run by the Basic Shiksha Parishad.