ADD SCHOOL, ALLAHABAD HIGHCOURT, CIRCULAR, GOVERNMENT ORDER, TEACHER : जूनियर एडेड विद्यालयों में जून 2008 से पूर्व बीएड योग्यता से नियुक्त शिक्षकों को अयोग्य माने जाने सम्बन्धी मा0 न्यायालय के प्रश्न पर कार्यरत प्र0अ0/शिक्षक सम्बन्धी निर्धारित बिंदुओं पर आख्या उपलब्ध कराने हेतु आदेश जारी ।
Court No. - 13
Case :- WRIT - A No. - 62481 of 2009
Petitioner :- Gomti Prasad Pandey & Others
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Khalil Ahmad Ansari,J.C. Sharma,Nisheeth Yadav,Vinod Kumar
Singh
Counsel for Respondent :- C.S.C.,A.K.Srivastava,B.P.Singh,H.K. Srivastava,Hanuman Deen
Verma,R.P. Srivastava,Shiv Ram Dubey,Shiva Kant Dubey,U.N. Prasad,Uma Nath Pandey
Hon'ble Ajit Kumar,J.
Sri B.P. Singh, learned counsel for the third respondent prays for
adjournment on the ground that he needed to file supplementary counter
affidavit as certain facts raised in the supplementary affidavit needed to
be replied to.
The controversy in the present case centres around the basic qualification
for appointment on the post of Assistant Teacher and Head Master in a
Junior High School which according to the respondent, they did not
possess on the date of their appointment. It is not disputed that the
qualification of BTC has come to be amended in the year 2008 and the
B.Ed qualification candidates are also eligible w.e.f. 12th June, 2008 for the
pot of Assistant Teacher in Junior High School. The basic object of
amendment seems to be that those who were teaching in many such
schools having B.Ed qualification were in the opinion of the State had the
requisite experience of training and were successfully undertaking the
teaching work and further consider the number of vacancies and non
availability of sufficient number of BTC qualified candidates, B.Ed as such
was prescribed as also training qualification for Junior High School.
On a specific question being put to learned counsel for the respondent as
to whether the State, respondent- District Basic Education Officer and the
Higher Authorities have ever recognized such teachers appointed prior to
2008 with B.Ed. qualification and were granted salary from the State
Exchequer after bringing such Junior High Schools on grant-in-aid, no reply
in respect thereto was given for want of instruction in the matter.
The District Basic Education Officer, Basti shall file his personal affidavit in
the matter as to whether there is any such institution in district Basti that
has been accorded grant-in-aid facility and is having teachers with B.Ed.
qualification appointed prior to 2008 and are getting salary or not. State
shall also file specific affidavit of Director of Education (Basic), to explain
its position as to whether all such Junior High Schools that have been
taken on grant-in-aid are having teachers only with BTC qualification and
not B.Ed. prior to 2008. The State shall furnish details of such institution, if
any, where teachers are teaching with B.Ed. qualification in Junior High
Schools and such teachers are getting salary from the State Exchequer.
The State shall also explain as to why those teachers, who had B.Ed
qualification at the time of their appointments and their appointments had
been approved prior to taking of the institution on grant-in-aid and have
been continued till 12th June, 2008 or therefore, be not treated as
qualified w.e.f 12th June, 2008.
List this case on 09th July, 2018.
Order Date :- 22.5.2018/Sanjeev
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