LAWS(ALL)-1997-12-17

HIRA MANI Vs. DISTRICT BASIC SHIKSHA ADHIKARI SONEBHADRA

Decided On December 19, 1997
HIRA MANI Appellant
V/S
DISTRICT BASIC SHIKSHA ADHIKARI, SONEBHADRA Respondents

JUDGEMENT

(1.) In these writ petitions, the petitioners have challenged the validity of the Government Order No. 2657/15-5-97-127/97 T.C., dated 11th August. 1997 and another Government Order No. 4911/15-97-90/73 of the same date whereby the selection for the post of Assistant Teachers in Junior Basic Schools run by the Basic Education Board has been confined to such candidates who have obtained certificates from the institutions run by the State Government. The petitioner, Hira Mani, has obtained training in basic education from Buniyadi Prashikshan Sans than, Jaispur, district Sidhi (M. P.). Smt. Klran Kumari, the petitioner, was awarded Teacher's Training Certificate by Bihar Vidyalaya Examination Samiti. These petitioners have been treated as ineligible for being considered for selection to the post in question.

(2.) Learned counsel for the petitioners contended that the action of the State Government was violative of Articles 14 and 16 of the Constitution of India as it derecognised the certificates obtained by a candidate from the institution which has been recognised by the other States, in this context. It is necessary to refer Rule 8 of Uttar Pradesh Basic Education (Teachers' Service) Rules. 1981 :

(3.) Rule 8 confers the power on the State Government to recognise any other training course. This power includes the power to derecognise also. The State Government had earlier recognised various training course certificates obtained by a candidate from other Institutions but by the Government Order dated 11th August. 1997, referred to above, the recognition granted earlier has been cancelled. It refers to detailed Instructions Issued by the National Teachers Education Board issued in the year 1995.