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2024 Supreme(All) 593

SAURABH SHYAM SHAMSHERY
Mala Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:Ajay Kumar Mishra, Abhishek Kumar Yadav, Ashok Khare, Chandan Sharma, Prabhakar Awasthi, V.K. Yadav, Siddharth Khare, Shantanu Khare, Sr. Advocate.
For the Respondent: C.S.C., A.K. Yadav, Archana Singh, B.P. Singh, Vikram Bahadur Singh, Bhanu Pratap Singh, Mohd Shere Ali.

JUDGMENT :

1. Petitioners before this Court have passed Certificate in Nursery Training Examination-2013 (for short “Nursery Training Certificate”) conducted by Examination Regulatory Authority, Uttar Pradesh (for short “Authority”) and their respective certificates are part of record.

2. Petitioners have also passed Uttar Pradesh Teachers Eligibility Test, 2013 (for short “TET”) and thereafter participated in counselling for appointment of Assistant Teachers but they were not appointed purportedly on a ground that they have not possessed essential qualification in terms of notification/ advertisement dated 17.10.2013 i.e. they have not qualified 2 years BTC Course/2 years Urdu BTC Course or Special BTC Course and that “Nursery Training Certificate” would not be equivalent to said essential qualification. For reference, Vigyapti/ Advertisement for district Barabanki dated 17.10.2013 is mentioned below :-

3. Essentially, case of the petitioners is that Nursery Training Certificate is equivalent to Diploma in Elementary Education (by whatsoever name known) in terms of notification d

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