BHARAT SINGH Vs. DISTRICT BASIC SHIKSHA ADHIKARI BIJNOR

JUDGEMENT

(1.) All the petitioners passed Intermediate examination conducted by U.P. Board. The petitioner nos.1 and 2 are of OBC category and petitioner nos.3 and 4 are of General Category. All the petitioner were appointed as Assistant Teachers on 01.07.1984 in Indira Shishu Niketan Noorpur, Bijnor, a recognized primary institution by U.P. Basic Shiksha Parishad. They have completed their ten years service in the said institution on 01.07.1994. The State Government issued Government Order on 06.09.1994 and in compliance thereof the Director of Education passed an order on 30.09.1994 by which it was directed that all those un-trained teachers working in a recognized institution of the Basic Shiksha Parisiad would be entitled for exemption from BTC training on completion of ten years service in a recognized institution of Basic Shiksha Parishad. In compliance of the said Government Order and the order of Director Education, the respondent no.3 by order dated 28.02.1995 has granted exemption to the petitioner nos.1 and 3 from BTC training from 01.07.1994 and by his order dated 10.03.1995 has granted exemption to the petitioner no.2 and by his order dated 04.04.1995 has granted exemption to the petitioner no.4 from BTC training from 01.07.1994.

(2.) The Director of Education by order dated 30.10.1995 has clarified that all those Assistant Teachers, who are working in a recognized institution of Basic Shiksha Parisahd would be entitled for exemption from BTC training and they would be entitled for all benefits of BTC training and entitled for the benefit of BTC training available to the working BTC trained teachers.

(3.) It appears that for the post of Assistant Teachers an advertisement was issued on 17.08.1997. The petitioners applications for Assistant Teacher under the aforesaid advertisement have not been considered. Being aggrieved, the petitioners filed the present writ petition seeking direction to the respondent no.1 to consider the case of the petitioners for appointment on the post of Assistant Teachers in respect of which advertisement has been made on 17.08.1997 and for direction to the respondent no.1 to treat the petitioners at par with BTC trained persons on 01.07.1994 in view of the Government Order dated 06.09.1994 issued by the State Government and the order dated 30.09.1994 and 30.10.1995 issued by Director of Education. This Court has directed to the respondent no.1 to file counter affidavit and as an interim measure the petitioners have been permitted to appear for selection to the post of Assistant Teachers in Junior Basic Schools run by U.P. Basic Shiksha Parishad but their result shall not be declared till further orders. Counter and rejoinder affidavits have been exchanged.