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2018 Supreme(All) 717
ALLAHABAD HIGH COURT
BEFORE : SURYA PRAKASH KESARWANI, J.
INDU DEVI ….Petitioner
Versus
ZILA SAMAJ KALYAN ADHIKARI KUSHINAGAR AND ANOTHER ….Respondents
(Civil Misc. Writ Petition No. 32456 of 2002, decided on 23rd May, 2018)
Counsel :
R.C. Dwivedi for the Petitioner; C.S.C. for the Respondents.
Headnote:Shiksha Visharad—Recognition—Hindi Sahitya Sammelan—It is neither a University nor a deemed University nor an Educational Board—It is not an educational institution imparting education in any subject—No school/college imparting education in any subject is affiliated to it—Nor is affiliated to any University/Board—Any qualification/training acquired from an unrecognised institution, therefore, be not a valid qualification/training for purpose of employment under Central and State Government or in any school, college or other educational institutions aided by Central Government or State Government—Recognition of a course or training in teacher education imparted by an institution after coming into force of N.C.T.E. Act is sine qua non for being eligible for employment under Central/State Government or any school, college or other educational institutions aided by Central/State Government—Therefore, alleged certificate of 'Visharad' is not recognised by law and is not a valid educational certificate for obtaining an employment as Assistant Teacher—And, no material has been brought by petitioner to demonstrate that 'Shiksha Visharad' certificate is recognised by State Government to be equivalent to intermediate.
Petition Dismissed.
Hon'ble Surya Prakash Kesarwani, J.
1. Heard Sri Hare Ram Tripathi, holding brief of Sri Keshav Kumar Srivastava, learned counsel for the petitioner and Sri Rajesh Khare, learned standing counsel for the State-respondents.
2. On 21.5.2018 this Court passed the following order:
"Heard learned counsel for the petitioner and the learned standing counsel for the respondents.
By the impugned order the approval granted to the petitioner for his appointment as Assistant Teacher in Ambedkar Prathmik Vidyalaya, Phisawa Bazar, Kushinagar, was cancelled on the ground that the Educational qualification of the petitioner is "Visharad" from Hindi Sahitya Sammelan, Prayag, which has not been recognised by the State Government to be equivalent to intermediate. Nothing has been brought on record to indicate that the degree of "Visharad" is a recgonised degree and that it has been recognised by the State Government to be equivalent to intermediate.
The petitioner has filed a withdrawal application no.3/2018 dated 26.4.2018, but learned counsel for the petitioner states that the petitioner does not want to press this withdrawal application. He prays that the matter may be taken up on 23.5.2018, to enable him to argue further.
As prayed, put up on 23.5.2018."
3. Today, learned counsel for the petitioner submits that an Order No.899(3)79-6-2014, dated 4.8.2014 was passed by the Secretary Shiksha Anubhag-6, Lucknow, permitting for Special B.T.C. Course to Head Masters like untrained Assistant Teachers. Therefore, the petitioner can not be said to be not having minimum prescribed qualification.
4. Learned standing counsel submits that the degree of Shiksha Visharad allegedly obtained by the petitioner from Hindi Sahitya Sammelan, Allahabad is not recognised by the National Council for Teacher Education and, therefore it does not confer any right upon the petitioner to be considered for appointment on the post of a teacher. In support of his submission he relied upon a judgment of this Court in Shailendra Kumar Singh Vs. State of U.P. and others 2004(2) UPLBEC 1716 and the judgment of Hon'ble Supreme Court in Rajasthan Pradesh Vs. Sardarshahar and another Vs. Union of India and others, 2010 (3) ESC 353 (SC).
5. I have carefully considered the submissions of learned counsel for the parties and I do not find any substance in the submission of learned counsel for the parties.
6. The Hindi Sahitya Sammelan, Prayag was established in the year 1910. It was registered as a Society in the year 1914 under the Societies Registration Act, 1862, with the object of promotion and popularisation of Hindi and its literature in the country and abroad. It was declared as an institution of national importance and incorporated it into a statutory corporation by enacting the Hindi Sahitya Sammelan Act, 1962 (hereinafter referred to as "the 1962 Act"). As per provision of Section 6 of the Act, 1962, the functions of the Hindi Sahitya Sammelan, Prayag, are as under:
(a) to promote the spread of Hindi language and to develop it and secure its enrichment in the manner indicated in Article 351 of the Constitution ;
(b) to work for the promotion, development and advancement of Hindi literature in India and foreign countries and to print and publish such literature ;
(c) to work for the promotion, development and advancement of Devnagari script and to print and publish literature of other Indian languages in Devnagari script ;
(d) to arrange for the holding of examinations through the medium of Hindi language and to confer degrees, diplomas and other academic distinctions ;
(e) to establish and maintain schools, colleges and other institutions for instruction in Hindi language and Hindi literature and also to affiliate schools, colleges and other institutions for its examinations ;
(f) to affiliate institutions having for their object the promotion of Hindi language and Hindi literature ;
(g) to award honorary degrees and other academic distinctions to persons who ma
