ANIRUDDH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner for issuing writ in the nature of mandamus commanding the respondents to pay arrears of salary and monthly salary to the petitioner on the post of Assistant Teacher in Ranjeet Prasad Dubey Laghu Madhyamik Vidyalaya Katai Bharpurwa Padrahi, Block Khadda District Kushinagar. This fact has been accepted by the petitioner that Ranjeet Prasad Dubey Laghu Madhyamik Vidyalaya Katai Bharpurwa Padrahi, Block Khadda District Kushinagar is duly recognised institution under the provision as contained under U. P. Basic Education Act, 1972 and permanent recognition was accorded to the same on 17. 101986. Petitioner submits that pursuant to the latter sent by Assistant Director of Education (Basic) 7th Region Gorakhpur he was appointed as Urdu Teacher. Petitioner claims that he has been appointed under Tribhasha Scheme on 22. 09. 1995. Petitioner has claimed that his appointment has been approved on 13. 10. 1995. Petitioner's grievance is that institution in question has been included under the provision as contained under U. P. Act No. 6 of 1979 and as far as he is concerned qua him no salary whatsoever has been ensured, as such present writ petition has been filed. This fact is undisputed that selection and appointment on the post of Assistant Teacher in Junior High School are governed by Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Services of Teachers) Rules 1978. Petitioner claims that he has been appointed as Assistant Teacher, as such he is entitled for salary under U. P. Act No. 6 of 1979. Petitioner has disclosed his educational qualifications at page-39 of the paper book as having done High School in the year 1982; Intermediate in 1984' Bachelor of Art in the year 1987; Adeeb-e-Kamil in the year 1997 and Moallim (Urdu) in the year 1998. Petitioner does not fulfil minimum eligibility criteria provided for under Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Services of Teachers) Rules 1978, as he has not at all acquired any training qualification and Moallim-e-Urdu is being claimed by him equivalent to Training qualification. Hon'ble Apex Court in the case of Mohd. Sartaj v. State of U. P. and others (2006) 2 SCC 315 in context of Moallim-e-Urdu has clearly taken the view that Moallim-e Urdu is not at all training qualification and it has also held that on account of lack of requisite qualification for the post in question, appointment being dohors statutory Rules, then qua the same no relief cannot be accorded. Here in the present case from the own showing of the petitioner, appointment of the petitioner is totally dehors the statutory Rules and once petitioner's appointment is totally dehors the statutory Rules and he does not fulfill minimum eligibility criteria provided for under Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Services of Teachers) Rules 1978, then this Court cannot give any direction to ensure salary to the petitioner from State Exchequer, under the provisions of U. P. Act No. 6 of 1979 Consequently, writ petition as it has been framed and drawn is dismissed. Dismissal of this writ petition will not come in the way of petitioner to claim salary from Managing Committee. .