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2021 Supreme(All) 1143
IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Ram Gopal Chaturvedi And Others - Petitioner
Vs.
State Of U.P. And Others - Respondent
WRIT - C No. - 22819 of 2021
Decided On : 02-12-2021
For The Petitioner: Ramesh Kumar Shukla
For The Respondent: C.S.C., Bharat Pratap Singh,Dhananjay Awasthi
Point of law: Courts do not and cannot act as Appellate Authorities examining the correctness, suitability and appropriateness of a policy nor are courts Advisors to the executive on matters of policy which the executive is entitled to formulate.
Headnote:
Constitution of India, 1950 - Writ petition - Quash/cancel admission process - Petitioners have passed senior secondary examination, they were eligible for appearing in D.El.Ed examination as per rules of National Council for Teacher Education - Petitioners submits they are aggrieved by new eligibility criteria for D.El.Ed course as mentioned in advertisement, which is against regulations prescribed by National Council for Teachers Education as well as against criteria as is being followed in other States.
Finding of the court :
With respect to submission made by petitioners that other States are following NCTE regulations, 2014, according to which, eligibility criteria for D.El.Ed. course is that candidates should have at least 50% marks in higher Secondary examination or its equivalent examination, Standing Counsel states that it is a policy matter and the policy decisions of the State are not to be disturbed/interfered with unless they are found to be grossly arbitrary or irrational - Counsel for parties agree that writ petition may be disposed of finally at this stage without calling for further affidavits specifically in view of order proposed to be passed - Direction to petitioners to make a detailed representation before respondent for redressal of their grievances.
Result : Writ petition disposed of
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Sri Prakhar Shukla, Advocate holding brief of Sri Ramesh Kumar Shukla, learned counsel for the petitioners, Sri Shailendra Singh, learned Standing Counsel for the State-respondent and Sri Bharat Pratap Singh, learned counsel for the respondent no.3-NCTE.
2. This writ petition has been filed interalia for the following relief:-
“(i) issue a writ, order or direction in the nature of certiorari directing to the respondent no.3 to quash/cancel the admission process which is started from 20.07.2021 in compliance of Govt. Orders vide G.O. No.9/2021/402/68-4-2021-9(3) dated 16.06.2021 and G.No.426/68-4-2019-2067/2013 Basic Siksha Anubhag-4 (Annexure No.1).”
3. The petitioners are aggrieved by the new eligibility criteria for admission in Diploma in Elementary Education (D.El.Ed) formerly known as B.T.C examination as is directed by the Govt. Orders vide G.O. No.9/2021/402/68-42021-9(3) dated 16.06.2021 and G.No. 426/68-4-2019-2067/2013, Basic Siksha Anubhag-4.
4. The brief facts of the case is that the petitioners have passed senior secondary examination (10+2), hence they were eligible for appearing in D.El.Ed examination as per the rules of National Council for Teacher Education. The applications were invited by U.P. Examination Regulatory Authority, Prayagraj through order No.9/2021/402/68-4-2021-4-9(3)/2021 Basic Siksha Anubhag-4, Date 16.06.2021 from all eligible candidates against the vacancies in government/private colleges in State of U.P. The eligibility criteria as mentioned in the advertisement is that the candidates should have passed High School or equivalent, Intermediate (+2) or equivalent and graduation from any recognized University. The eligibility criteria as per the advertisement is as under:-
^^'kSf{k.k ;ksX;Rkk& D-EL-Ed. izf'k{k.k esa p;u gsrqq ,sls vH;FkhZ vkWuykbu vkosnu djus ds ik= gksaxs] ftUgksus vkosnu i= Hkjus ds iwoZ ek/;fed f'k{kk ifj"kn] mŸkj izns'k iz;kxjkt@lhch,lbZ@vkbZlh,lbZ ls ekU;rk izkIRk laLFkkuksa ls gkbZ Ldwy o mlds lde{k rFkk baVjehfM,V o mlds led{k ?kksf"kr ijh{kk vkSj fof/k }kjk LFkkfir vkSj ;wthlh ls ekU;rk izkIr fo'ofo|ky;@egkfo|ky; ls Lukrd ijh{kk U;wure 50 izfr'kr vadks ds lkFk mŸkh.kZ dh gksA vuqlwfpr tkfr@vuqlwfpr tutkfr@vU; fiNM+k oxZ@fodykax@Lora= lxzke lsukuh vkfJrA HkwriwoZ lSfud¼Loa;½ ds vH;fFkZ;ksa dks U;wure vadks es 05 izfr'kr dh NwV nh tk,xhA^^
5. Learned counsel for the petitioners submits that the petitioners are aggrieved by the new eligibility criteria for D.El.Ed course as mentioned in the advertisement, which is against the regulations prescribed by the National Council for Teachers Education (hereinafter referred to as 'NCTE') as well as against the criteria as is being followed in other States. The requirements of pursuing the aforesaid course as laid down by the NCTE regulation of 2014 is that the candidates should have at least 50% in Higher Secondary (+2) examination or its equivalent examination.
6. Learned counsel for the petitioners has also pointed out that the letter dated 09.08.2021 of Director Rajya Shaikshik Anusandhan Evam Prashikshan Parishad Uttar Pradesh, Lucknow to the Sachiv Pariksha Niyamak Pradhikari, Prayagaj, U.P., wherein it has been specifically stated that for the purpose of D.El.Ed examination, the minimum qualification is recommended to be fixed as “Intermediate” and has directed him to proceed accordingly.
7. Since deliberations were going on with respect to the eligibility criteria for the aforesaid course and sufficient application forms were not received in comparison to the number of vacant seats, therefore, the last date of submission of the form of D.El.Ed. Course was extended up to 15.09.2021. Regarding the vacant seats, a press release note has also been issued showing that the vacant seats have not been fulfilled till date.
8. 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 i
