HARI OM Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners seek writ of mandamus commanding the respondents to consider the case of the petitioner for appointment to the post of Assistant Teacher in Junior Basic Schools run and managed by the U.P. Basic Education Board in case sufficient candidates having Basic Teacher's Certificate (In short B.T.C.) qualification are not available in respect of the selection process commenced in pursuance of the advertisement dated 18th August, 1997.

(2.) The petitioners claim that they should be permitted to appear for the selection for the post of Assistant Teacher in Junior Basic Schools run by the U.P. Basic Education Board in pursuance of the advertisement made by the Basic Shiksha Adhikari, Bulandshar on 18th August. 1997 whereby the candidates possessing Basic Teacher's Certificate (B.T.C), Hindustani Teacher's Certificate (H.T.C), Junior Teacher's Certificate (J.T.C.) or any other training course recognised by the State Government equivalent thereto, were made eligible for applying for the post of Assistant Teacher in Junior Basic Schools run by the U.P. Education Board. The petitioners do not possess any of these certificates but they have obtained B.Ed, degree which is not equivalent to B.T.C. H.T.C, J.T.C. or any other certificate equivalent thereto recognised by the U.P. Education Board. The qualification for appointment is contained under Rule 8 of the Uttar Pradesh Basic Education (Teachers Service) Rules, 1981 which is quoted below :

(3.) Similarly a teacher who is to teach High School and Intermediate Students is required to have a different training qualification. The mere fact that a person holds a higher training qualification that what is required by the Rules does not entitle him to be treated as qualified for teaching in Junior Basic Schools where a different kind of training is required. It is in the backdrop of the understanding the psychology of the students, their behaviour, attitude and the capacity to understand the things thought to them, the qualification for appointment has been laid down. The Course of study in B.T.C, H.T.C. and J.T.C. are different from that of B.Ed. Similarly, the teachers who are appointed to teach in Nursery Schools, their training qualification is Certificate of Teaching Nursery. The candidates who have B.T.C. H.T.C. and J.T.C. shall not be eligible for appointment to teach the students of Nursery Schools. This aspect was considered in Mahendra Nath Mishra v. State of U.P. and Anr., 1996 (2) ESC 312, unreported decision in Civil Misc. Writ Petition No. 28243 of 1996, Nirmal Chandra Mishra and Ors. v. State of U.P. and Ors. and B.Ed. Berozgar Sangh, Sonbhadra and Ors. v. State of U.P. and Ors., 1997 (3) UPLBEC 1774, where it was held that the candidates who have obtained B.Ed. Degree cannot be treated as possessing required qualification as contemplated under Rule 8 of U.P. Basic Education (Teachers Service) Rules, 1981, for appointment to the post of Assistant Teachers in Junior Basic Schools.