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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Md. Nesar Ahmad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Ashish Jaiswal, learned counsel for the petitioner, Mr. Pranesh Dutt Tripathi, learned counsel for the respondent-BSA and Mr. Shailendra Singh, learned Standing Counsel for the State.
2. Writ-A No. 8780 of 2016 has been filed with a prayer to direct respondent No.2 District Basic Education Officer, to permit the petitioner to participate in the counselling to be held on 26.02.2016 pursuant to the notifications dated 05.01.2016 and 19.01.2016 regarding the selection and appointment against 3,500 posts of Assistant Teachers (Urdu) in the State of Uttar Pradesh, and to prepare the select list in accordance with law.
3. Writ- A No.22451 of 2016 has been filed with the following prayers:-
“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned list dated 02.03.2016 issued by District Basic Education Officer, District Kushinagar respondent no.4 so fat it relates to petitioner by which his name has been placed amongst the ineligible candidate for the selection and appointment against the 3500 posts of Assistant Teacher (Urdu) in the State of U.P.
(ii) Issue a writ, order or direction in the nature of mandamus directi
The court established that qualifications recognized by the NCTE are sufficient for teacher appointments, regardless of specific nomenclature in state rules.
Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the p....
The court established that qualifications recognized by the NCTE must be considered valid for teacher appointments, regardless of specific state rules.
The central legal point established in the judgment is the interpretation of the essential eligibility criteria for the post of Assistant Teacher L.T. Grade (Urdu) and the influence of the UGC commun....
The central legal point established in the judgment is the importance of adhering to the specific eligibility criteria outlined in the statutory rule for the appointment of teachers, as well as the c....
The judgment established the principle that B.Ed. (Special Education) qualification holders were eligible for participating in the UTET-I/CTET-I examination based on the NCTE notification dated 28.06....
The Supreme Court ruled that B.Ed. is not a valid qualification for primary school teachers, affecting eligibility for appointments made after its decision.
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