DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Learned counsel for the parties.

(2.) The appellants in these appeals are graduates with B.Ed./L.T. training qualifications. They are seeking admission to Special B.T.C. Course 2004, vide Government order dated 14.1.2004 as amended on 20,2.2004. They have challenged the judgment of the learned single Judge dated 5.3.2004, on the ground that they should be given preference in admission to the Special Basic Teachers' Certificate Course as they had appeared for selections in Special B.T.C. Course 2001, and that the appointments should be made on the basis of yearwise training course passed by the candidates, and that the candidates who have passed the required training course earlier be placed above those who have passed the training course later.

(3.) The brief facts giving rise to the writ petitions before the learned single Judge were that there are a large number of vacancies of Assistant Teachers in the Basic Schools run by the U.P. Basic Education Board in the State. The U.P. Basic Education Act, 1972 provides for establishment of a Board of Basic Education. The Board constituted under Section 3 of the Act, has been provided with the functions under Section 4 to organize, coordinate and control the Basic Education and Teachers Training imparting of Basic Education and Teachers' Training in the Slate, to raise its standards and to co-relate with the system of education as a whole in the State. The Board has been given powers under Sub-section (2) to prescribe the course of instruction and for Basic Education and Teacher's Training thereof, the Junior High School and Basic Training Certificate Examination, and such other examinations as the State Government may from time to time by general or special order assign to it, and to grant diplomas and certificates to candidates successful at such examinations, to lay down by general and special orders in that behalf the norms relating to the establishment of institutions by the Gaon Shiksha Samiti, and Municipalities and to superintend the Goan Shiksha Samitis, Gram Panchayats and Municipalities in respect of administration of such institution, for imparting instructions and preparing candidates for admission to examinations conducted by the Board. These powers included in Sub-section (2) (d) are to exercise supervision and control over Basic Schools, District Institute of Education and Training, Basic Training Certificate units and the State Institute of Education. Section 12 provides that the Director may from time to time inspect or cause to be inspected any basic schools and also the records and proceedings of the local bodies concerning or engaged with the discharge of the functions of the local bodies in respect of basic education. The Director can refer a case to the Board for withdrawal or recognition of such schools. If the management of a basic school fails to comply with any directions Sub-section (2) provides that the Director may direct the management of the basic school to remove any defect and deficiency. Section 13 provides for control by the State Government. Sub-section (1) of Section 13 provides that the Board shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of the Act. Section 19 gives power to the State Government to make rules, and includes in subsection (2) the recruitment and conditions of service of persons appointed to the post of officers/ teachers and other employees under Section 6, the tenure of service, remuneration and other directions and conditions of service of officers, teachers and other employees transferred to the Board ruder Section 9, the recruitment and the conditions of service of the persons appointed, to the post of teachers and other employees of the basic schools recognized by the Board, and, any other matter in Clause (d) for which insufficient provision exists in the Act and provision in the rules considered by the State Government to be necessary on any other matter.