SARFARAZ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Ashok Khare, Senior Advocate assisted by Sri Sunil Kumar Srivastava, Advocate for the petitioner and learned Standing Counsel for the respondents. The writ petition is directed against the order dated 22.7.2009 passed by Principal, District Institute of Education and Training, Muzaffarnagar (hereinafter referred to as "DIET") whereby she has cancelled the candidature/selection of petitioner in Special B.T.C. Training 2007 on the ground that he did not possess requisite eligibility qualification and therefore should also refund the amount received towards honorarium; and, consequential order dated 23.7.2009 of District Basic Education Officer, Muzaffarnagar (hereinafter referred to as "DBEO") revoking appointment order dated 4.7.2009 of petitioner made on the post of Assistant Teacher in Primary School, Mathura, Vikas Kshetra -Charthawal.

(2.) THE admitted facts, in brief, giving rise to the present dispute, are that petitioner obtained Fazil certificate in the year 1989 from Al Jamaitul Islamia Darul Uloom, Deoband. He passed Senior School Certificate Examination in 1991 vide certificate dated 4.10.1993; graduation in 1992 -95 vide degree dated 2.7.1997; and, also, Bachelor of Education in 1997 from Jamia Millia Islamia, New Delhi. The copies of certificates of these examinations are on record.

(3.) THE respondents held selection for giving admission in Special B.T.C. Course, 2007 vide G.O. dated 10.7.2007 wherein minimum qualification prescribed was graduation from recognized College/University and also a degree in B.Ed. from the institutions recognized by National Council for Teacher's Education (hereinafter referred to as "NCTE"). The process of selection is provided in para 17 of Government Order dated 10.7.2007 which provided that a merit list shall be prepared on the basis of marks obtained in High School, Intermediate, Graduation and B.Ed. and thereafter selection shall be made.