RAM SURAT YADAV Vs. STATE OF U P

JUDGEMENT

(1.) On 4 September 2013, a Division Bench of this Court made a reference to the Full Bench, doubting the correctness of a judgment of a Division Bench in Rishi Kant Sharma Vs. State of U.P & Ors.1. The referring judgment notes that the view in Rishi Kant Sharma is in conflict with the judgments of Division Benches of this Court in Sanjay Kumar Tyagi Vs. State of U.P. & Ors.2, Chandra Prakash Singh Vs. State of U.P. & Ors.3, and Committee of Management Vs. State of U.P. & Ors.4. Moreover, though there was a judgment of the Supreme Court in Mohd. Sartaj & Anr. Vs. State of U.P. & Ors.5, that was distinguished by the Division Bench in Rishi Kant Sharma's case, according to the referring judgment, incorrectly. The issue, which arises before the Full Bench, is whether the judgment of the Division Bench in Rishi Kant Sharma's case lays down the correct position in law.

(2.) The Uttar Pradesh Basic Education Act, 1972 was enacted by the State legislature with a stated object of improving the administration of primary education in the State. The legislation was enacted in order to reorganize, reform and expand elementary education in order to secure the object underlying Article 45 of the Constitution. Section 2 (b) of the Act defines the expression 'basic education' to mean education up to the eighth class imparted in schools other than High Schools or Intermediate Colleges. Section 3 contemplates the setting up of a Board of Basic Education. The function of the Board under Section 4 (1) is to organize, coordinate and control the imparting of basic education and teachers' training in the State in order to raise its standards and to correlate it with the system of education as a whole in the State. Section 19 empowers the State Government to make Rules for carrying out the purposes of the Act. The Rules may extend, inter alia, to the recruitment and the conditions of service of persons appointed to the posts of officers, teachers and other employees under Section 6.

(3.) In exercise of the power conferred by the Act, the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 were framed. Rule 2(e) defines the expression 'Junior High School' to mean an institution other than a High School or Intermediate College imparting education to boys or girls or both from Class VI to Class VIII (inclusive). Rule 2 (h) defines the expression 'Recognized School' to mean any Junior High School not being an institution belonging to or wholly maintained by the Board or any local body recognized by the Board. Prior to its amendment on 12 June 2008, Rule 4 (1), which prescribed the minimum qualifications for the post of an Assistant Teacher in a recognized school was as follows:-