Thursday, October 6, 2022

Allahabad HC orders Mainpuri district basic education officer to issue appointment letters to selected teachers

The petition has been filed praying for a writ of mandamus commanding the respondents to issue appointment letters in favour of the petitioners to the post of Assistant Teacher in Primary School .

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The Allahabad High Court has recently ordered the issuance of appointment letters in a month to selected teachers who underwent teachers’ training after Intermediate, considering the diploma or degree holders of teacher training as eligible for appointment to the post of assistant.

A Single-Judge Bench of Justice Salil Kumar Rai passed this order while hearing a writ petition filed by Soni and 2 others.

The petition has been filed praying for a writ of mandamus commanding the respondents to issue appointment letters in favour of the petitioners to the post of Assistant Teacher in Primary School in District Mainpuri as a consequence of their having been selected for the said posts in Assistant Teacher Recruitment Examination-2019.

Advocate Raghvendra Singh stated that the petitioners have obtained a Diploma Course in Elementary Teacher Education after completing their intermediate and did their graduation after obtaining the said diploma and, therefore, under Rule 2(1)(q) of the Uttar Pradesh Basic Education Teachers Service Rules, 1981, the petitioners do not possess the essential qualification as they cannot be considered to be “trained teachers” and therefore no appointment letters can be issued to them.

The Court observed, “From a perusal of the written instructions filed by the District Basic Education Officer, Allahabad, it is evident that objection taken to the teachers training qualification possessed by the petitioner is that the eligibility qualification for admission to the said training course is 10+2 (Intermediate) examination, whereas as per Rule 2(1)(q) of the UP Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as ‘the Rules, 1981’), the teachers training course should be that as recognized by the Government or NCTE and wherein eligibility qualification should be graduate.

The objection being raised by the District Basic Education Officer on the said issue has been dealt with by this Court in the judgment and order dated April 17, 2019.

Further, the fact in the case that the petitioner had completed graduation course before completion of diploma in Elementary Education (Teachers Training Course) is not disputed.

Reference may also be made to the norms and standards for diploma in elementary teacher education Programme leading to Diploma in Elementary Education (D.El.ED) as contained in Appendix-2 of NCTE Regulations 2014 which provides eligibility for admission to the training course. The reservation and relaxation in marks for SC/ST/OBC/PWD and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable.”

The standards for Elementary Education Programme fixed by the NCTE Rule, 2014 would prevail over the provisions as contained in Rule 2(1)(q) of 1981 Rules as the NCTE Rules 2014 is the Central legislation.

It cannot be said that the Petitioner is not eligible for being appointed on the post of Assistant Teacher having been qualified in the Assistant Teacher Recruitment Examination -2018.

However, as to the diploma course being recognized by N.C.T.E. or genuineness or correctness thereof, it is always open for the District Basic Education Officer, Allahabad to make an enquiry after issuance of appointment letter.

The respondents is, therefore, directed to issue an appointment letter to the petitioner within a period of two weeks from the date of submission of certified copy of this order”.

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In view of the previous judgements passed by the High Court, the Bench allowed the Writ Petition.

“The District Basic Education Officer, Mainpuri is directed to issue appropriate appointment letters to the Petitioners within a period of one month from the date a certified copy of this order is produced before him,” the Court ordered.

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