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Rakesh Kumar v. State Of U.P. & Others - WRIT - A No. 6695 of 1998 [2004] RD-AH 654 (26 August 2004)


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Court No.6

Civil Misc.Writ Petition No. 6695 of 1998

Rakesh Kumar                 vs                 State of U.P. and others.

Hon'ble R.B.Misra,J.

Heard Sri Ashok Khare, learned Senior Advocate for the petitioner and Sri R.K.Tripathi, learned counsel for and on behalf of respondents no. 3 & 5 and none appears for the respondent no.4 ( Basic Shiksha Adhikari ) Sitapur.

With the consent of learned counsel for the parties, this petition is decided at this stage in view of Second proviso to Rule 2 of Chapter XXII of Allahabad High Court Rules, 1952.

In this petition prayer has been made for issuance of appointment order as Assistant Teacher by virtue of B.T.C. training certificate by the petitioner.  It appears that the petitioner had acquired B.T.C. certificate from District Institute of Education and Training, Barkot, district Uttar Kashi at the relevant time a part of Uttar Pradesh and he is the resident of Sitapur.  It appears that advertisement was published for recruitment of Assistant Teacher in district Sitapur where required qualification under Rule 8 of Uttar Pradesh Basic Education   ( Teachers ) Service ( Sixth Amendment ) Rules, 1994 a candidate has to fulfill the qualifications :-

"Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or any other qualification recognized by the Government as equivalent thereto together with the training qualification consisting of a Basic Teachers Certificate, Hindustani Teachers Certificate, Junior Teachers Certificate, Certificate of teaching or any other training course recognized by the Government as equivalent thereto."

The petitioner had obtained B.T.C. certificate from District Institute of Education and Training, Barkot, district Uttar Kashi and applied for the said post in compliance to the advertisement issued by Basic Shiksha Adhikari.  When his candidature was not considered the petitioner filed a writ petition no. 33540 of 1997 to this court.  In compliance to the order dated 14.10.1997 and 2.3.1998 of this Court the petitioner participated in the selection process for appointment to the post of Assistant Teacher.  Now, in view of the order passed by this court on 26.8.2004 in writ petition no. 7810 of 1998 the petitioner is entitled to be considered for Assistant Teacher as he has in possession of B.T.C. certificate and the respondent Basic Shiksha Adhikari, Sitapur is directed to appoint the petitioner if he has not been given appointment to the post of Assistant Teacher.

In view of above, the writ petition is allowed.

Dated 26.8.2004



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