MANOJ KUMAR SINGH Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) In this petition, the petitioners had claimed consideration of their candidature for selection of teachers for basic schools which required the prescribed qualification of B.T.C. where as the petitioners were B. Ed.

(2.) It is contended by Mr. Prakash Padia, learned Counsel for the petitioners that the qualification of B.Ed, is higher than B.T.C. Therefore, the same cannot be a disqualification for being considered. It is alleged that because the petitioners did not possess the qualification of B.T.C. they were precluded from apearing in the selection process. He relied on a decision in the case of Firoj Alam Khan v. State of U.P., 1986 UPLBEC 674. He also relied on a decision in the case of B.Ed. Berozgar Sangh v. State of U.P., passed in Civil Misc. Writ Petition No. 4983 of 1997 disposed of on 24-4-1997 [Reported in 1997 LBESR 44O(A11)], in support of his contention. On the basis thereof the petitioners claim that their case should be considered in terms of the said decision in the case of B. Ed. Berozgar Sangh (supra).

(3.) Mr. K.S. Shukla, learned Counsel for the respondents, on the other hand, in the case of Nirmal Chandra Mishra and Ors. v. The State of U.P. and Ors., in writ petition No. 28243 of 1996 disposed of on 29-10-1996, in order to contend that the qualification of L.T. and B.Ed, are neither higher nor equivalent to B.T.C., and therefore, the petitioners cannot claim for being considered in terms of the said advertisement. He cotnends further that subsequently the State Government has formulated a policy that if sufficient number of candidates with B.T.C. qualification are not available, in that event, the candidature of person having L.T./B.Ed. qualification may also be considered but after having sent them for a short training.