- (1.) HEARD Sri Arun Kumar Tiwari, learned counsel for the petitioners and learned State Counsel as well as Sri M.M. Asthana, learned counsel appearing for opposite parties no. 2 to 4. The facts, in brief, as stated by learned counsel for the petitioners , are that on 29.8.2002 , an advertisement ( Annexure no.1 to the writ petition) was in issued in Daily Newspaper ' Danik Jagran' for appointment on the post Assistant Teacher in the institutions , managed and run by the U.P. Basic Shiksha Parishand , Faizabad.
(2.) FURTHER , in the said advertisement the essential qualification which is to be possessed by the candidate for appointment on the post in question mentioned in Column 2 . As per submission made by learned counsel for the petitioners that petitioners , who posses C.P.Ed Degree submitted their candidature in response to the said advertisement. However, their candidature were rejected and not called for interview on the ground that they did not possess the requisite qualification . Hence the present writ petition has been filed with the prayer that the opposite parties may be directed to issue admit card, and to allow them to participate in the interview whenever the same is held in pursuant to the advertisement issued by Zila Basic Shiksha Adhikari , Faizabad and another relief which has been prayed that the opposite parties be directed not to exclude the petitioners from consideration for appointment as Assistant Teacher in the Primary Schools of Rural Areas of district Faizabad run and managed by the U.P. Basic Shiksha Parishad on the ground that they had equivalent degree of C.P.Ed. . Learned counsel for petitioners submits that impugned action on the part of the respondents thereby rejecting the petitioners ' case for appointment and not calling them for interview on the ground that they did not possess the requisite qualification as per terms of the advertisement for the post in question, is an action which is wholly illegal and arbitrary as the C.P.Ed. Degree possessed by the petitioners is equivalent to B.T.C. as such they are fully eligible for consideration for appointment on the post in question as per terms of the advertisement so the opposite parties may be directed to issue admit card and call them for interview/test in pursuance to the advertisement and select them on the post in question.
(3.) SRI . M.M. Asthana, learned counsel for respondents, while opposing the writ petition submits that as per rules known as U.P. Education ( Teachers) Service Rules 1981( amended by notification dated 28..6.1993 in exercise of its power under Section 19(2) (9) of the 1972 Act., the rule 8 of the said service rules 1981 provides intermediate Education U.P. or any other qualification reconsigned by the State Government as equivalent thereto together with the training qualification consisting of basic teacher training (BTC) , Hindustani Teacher Certificate , Junior Teacher Certificate, Certificate of Teacher in other course reconsigned by the State Government as equivalent thereto.;