MAHENDRA NATH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) A. P. Singh, J. Mahendra Nath Misra, petitioner No. 1 with identi cally placed eighteen others joined together in this writ petition for seeking an order to virtually modify the requirements provided for appointment on the post of Assistant Teachers in Basic Schools of the District of Bhadohi which are being run by the Uttar Pradesh Basic Shiksha Parishad, U. P. , Allahabad, a body constituted by U. P. Basic Shiksha Parishad Adhiniyam, 1972 and is entrusted with the responsibility of establishing and running junior basic and senior basic schools for imparting education respectively' upto Classes V and VIII in both rural and urban areas, a job which before the enforcement of the Act was being performed by local bodies known as Zila Parishads in rural area and City Boards, Municipal Boards and City Corporations in urban areas. The manner of appointment and educational qualifications of the teachers who are to be appointed in the basic junior schools and basic senior schools are prescribed in the Rules framed under the provisions of the 1972 Act.

(2.) IN the present case, petitioners of this writ petition and several other persons who happen to be petitioners in many other writ petitions have approached this Court to compel the Basic Shiksha Adhikari to accept their candidature for appointment against the posts of Assistant Teachers in Bailie Primary Schools of District Bhadohi which were advertised by him on 14-11-1995 vide letter No. 925- 32/95-96 for being filled up though petitioners do not possess the requisite training qualification prescribed by Recruitment Rules and the qualification mentioned in the advertisement issued by the Basic Shiksha Adhikari. As per the Rules and the Advertise ment issued on 14-11-1995, a candidate must have Basic Training Certificate (B. T. C.) or its equivalent Training Examination for appointment on the post with minimum educational qualification whereas for the years of 1993 and 1994 B. A. or equivalent examination. So far educational qualification is concerned, all the petitioners possess the requisite educational qualifica tion but they do not possess the requisite training qualification of B. T. C. or its equivalent examination such as C. P. Ed. All of them are possessed of B. Ed. (Bachelor of Education) which is also a teachers training qualifica tion prescribed by U. P. INtermediate Education Act, 1921 for appointment of teachers of High School and INtermediate level which are recognised by Uttar Pradesh Board of High School and INtermediate Examination, U. P. Allahabad, constituted by 1921 Act. The District Basic Education Officer, Bhadohi did not call petitioners herein and many others for interview simply for the reason that none of them are possessed of the requisite train ing qualification which is required for appointment on the post in question. Petitioners, have therefore, sought order in the nature of mandamus from this Court for compelling the Basic Shiksha Adhikari, Bhadohi, respondent No. 2 herein to call them in the interview and accept their candidature for appointment on the post.

(3.) MANDAMUS literally is a command. It diners from certiorari and prohibition. It is issued by the Court against the State or its agencies or Court or Tribunal to compel it to act. An applicant seeking issue of an order in the nature of mandamus must satisfy the Court that he has a legal right to the performance of legal duty by respondents (the party against whom it is sought) and the legal duty performance where of is sought to be enforced must be one imposed on the respondent by the Constitution, any statutory provision, Rules or regulations framed under a statutory provi sion or by the Common Law which must have the force of law.