ANJU Vs. STAE OF U.P

JUDGEMENT

(1.) Heard Shri Gautam Baghel, learned counsel for the petitioner; Shri Bharat Pratap Singh, learned counsel for respondent National Council for Teacher Education and; Shri Gagan Mehta, learned counsel for the respondent Commission.

(2.) Present petition has been filed by the three petitioners to challenge the Advertisement No. 51 issued by U.P. Higher Education Service Commission (hereinafter referred to as the Service Commission) insofar as it relates to selection on the post of Assistant Professor (B.Ed.). Short submission advanced by learned counsel for the petitioner is, by virtue of enactment of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the Special Act) and also by virtue of Regulation 5.2 (B) and (C) of the Notification dtd. 28/11/2014 (hereinafter referred to as the Special Regulation), National Council for Teacher Education (hereinafter referred to as the N.C.T.E.), the qualification required by teaching faculty for B.Ed. course, as prescribed by the N.C.T.E. would prevail. Regulation 5.2 of the Special Regulation (in that regard) read as below:

(3.) In face of the Special Law having been enacted and enforced, it has been submitted, the general Regulations framed by the University Grants Commission (hereinafter referred to as the U.G.C.) under Clause 1.1 of the U.G.C. Regulations On Minimum Qualifications For Appointment Of Teachers And Other Academic Staff In Universities And Colleges And Measures For The Maintenance Of Standards In Higher Education, 2018 (hereinafter referred to as the General Regulations), as notified on 18/7/2018, would remain subservient to the Special Regulation. Here, reliance has also been placed on Clause 1.1 of the General Regulations. It reads as below: