Hon’ble Dilip Gupta, J.—The petitioner, who was appointed as an Assistant Teacher in Janta Purva Madhyamik Vidyalaya, Shakkarpur, District Mau (hereinafter referred to as the ‘’Institution’) after grant of approval by the District Basic Education Officer on 6th January, 1996, has sought the quashing of the order dated 15th July, 2010 passed by the District Basic Education Officer by which a direction has been issued to the Manager of the Committee of Management of the Institution to terminate the services of the petitioner as she did not possess the teachers training course certificate provided for in Rule 4(1) of the Uttar Pradesh Recognised Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the ‘’1978 Rules’). The petitioner has also sought the quashing of the order dated 26th July, 2010 passed by the Manager of the Institution for terminating the services of the petitioner pursuant to the aforesaid direction issued by the District Basic Education Officer on 15th July, 2010.

2. It is stated that the petitioner passed the High School and Intermediate examination conducted by the U.P. Board of High School and Intermediate Education, Allahabad in the year 1975 and 1978 respectively and thereafter graduated from Satish Chandra College, Ballia affiliated to the Gorakhpur University. The petitioner also obtained the Post Graduate Diploma in Nursery Education in 1994 from the Poorvanchal University, Jaunpur. It is further stated that in view of the said qualifications possessed by the petitioner, she was considered eligible for appointment as an Assistant Teacher in the Institution and was duly appointed as such after the District Basic Education Officer granted approval to the recommendation made by the Selection Committee for her appointment by the order dated 6th January, 1996 and the petitioner has since then been continuously teaching in the Institution but the District Basic Education Officer by the order dated 15th July, 2010 directed the Manager of the Institution to terminate the services of the petitioner for the reason that the petitioner did not possess the teachers training course recognised by the State Government or the Board and the Committee of Management, without even providing any opportunity to the petitioner, terminated her services by the order dated 26th July, 2010 solely on account of the said direction issued by the District Basic Education Officer.

3. Sri G.K. Singh, learned counsel for the petitioner submitted that the petitioner possessed the requisite eligibility requirement as contained in Rule 4(1) of the 1978 Rules and she was duly appointed as an Assistant Teacher after the District Basic Education Officer had granted approval on 6th January, 1996 to the recommendation made by the Selection Committee and, therefore, the District Basic Education Officer was not justified in directing the Management after a period of about 14 years to terminate the services of the petitioner for the reason that she did not possess the teachers training course certificate recognized by the State Government or the Board. It is also his submission that the petitioner was at least entitled to an opportunity from the District Basic Education Officer and the Committee of Management of the Institution before her services could be terminated for this reason. In this connection, learned counsel for the petitioner pointed out that that the petitioner had obtained the Post Graduate Diploma in Nursery Education in 1993-94 from the Poorvanchal University, Jaunpur which is and was treated as equivalent to teachers training course recognized by the State Government or the Board and, in such circumstances, when the petitioner had continued to teach as an Assistant Teacher in the Institution from 1996 for a long period of about 14 years upto 15th July, 2010, the District Basic Education Officer could not have issued directions to the Committee of Manag