R.B.MISRA, J. - (1.) BY the present writ petition the petitioners have sought directions in the nature of mandamus commanding the Zila Basic Shiksha Adhikari, Jaunpur (respondent No. 1) to consider the petitioners' candidature to the Post of Assistant Teachers in response to the advertisement published in daily Hindi newspaper 'Dainik Jagran' dated 1981997 issued by the respondent and to issue appointment letters to the said post as per Service Rules of 1981. The petitioners have further sought direction to treat post graduate diploma certificate issued by the Purvanchal University Jaunpur to be equivalent to the B.T.C. certificate and consider the petitioners candidature to the post of Asstt. Teacher as made in an advertisement (Annexure1 to the writ petition) published for the recruitment to the post of Assistant Teachers to the Primary Schools in which the requirements to the post of teacher is Intermediate or any other qualifications recognised by the State Government as equivalent together with training consisting of B.T.C. certificate, Hindustani Teaching Certificate, Junior Teaching Certificate, Certificate of teaching or in relation to the course recognised by the State Government as equivalent thereto: (1) I have heard Sri S.P. Singh, learned Counsel for the petitioners as well learned Counsel for the respondents.
(2.) THE relevant facts for adjudication of the present writ petition are that according to the petitioners they have passed the Postgraduate Diploma in Nursery Education by the Purvanchal University, Jaunpur in the year 1995 which is no way inferior to B.T.C. (Basic Training Certificate) in respect of training and course and brochures which are similar to that of B.T.C. training, however, in the advertisement in question the emphasis has only been given to B.T.C. training certificate, this does not mean that the kind of training certificate possessed by the petitioners though superior and having been awarded to them not by a training schools governed by the State of U.P. but by an institution recognised by the University of U.P. could at least be considered and treated as equivalent to B.T.C. training certificate, as such the candidatures of the petitioner cannot be refused on the ground of not having the B.T.C. certificate. By virtue of having postgraduate diploma in Nursery the petitioners are entitled to be considered in response to the advertisement dated 1981997 to the Post of Assistant Teachers are illegal. It has been submitted on behalf of the petitioners through their written statement as follows : (i) Purvanchal University, Jaunpur in its calendar published for the award of degree and diplomas illustrated number of subject such as B.A., B.Sc., M.A., M.Sc. including Postgraduate Diploma in Nursery Education. The minimum qualification for getting admission in Postgraduate Diploma in Nursery Education in B.A./B.Sc./B.Sc. Ag., or any other degree equivalent to the aforesaid degree. (ii) The appointment on the post of Asstt. Teacher in Basic Primary Schools are governed by Uttar Pradesh Basic Teachers Service Rules, 1981, framed under subsection (1) of Section 19 of Uttar Pradesh Basic Education Act, 1992, in para No. 7 of the writ petition, the petitioners have given in detail the academic qualification mentioned in the rules. (iii) Though unsupported by documents, however, has been pointed out that in the brochure of Purvanchal University, Jaunpur, it has been contemplated that the candidate having the diploma of Postgraduate Nursery Education will be entitled to appointed as Asstt. Teachers in Nursery Primary and Purv Madhyamik Schools. (iv) The higher qualification is not disqualification. (v) Similar controversies were raised by Basic Education Officers whether the candidate duly trained other than B.T.C. holders would be considered for appointment or not and the then Director of Education U.P. issued orders on 1891986 stating clearly that candidate having enrolled in Minima Test Correspondence Course are also entitled for appointment as an Asstt. Teachers. On 2051992 an another order was issued by the Director Education that C.T. Nursery, C.T. Home Science and C.T. General are also equivalent to B.T.C. for the purpose of appointment on the post of Asstt. Teachers in Basic Primary Schools. (vi) The syllabus of B.T.C., B.Ed. and Postgraduate Diploma in Nursery Education shall demonstrate that the all subject of B.T.C., B.Ed. are included in the training qualification of Postgraduate Diploma in Nursery Education. (vii) Since 1996 large number of vacancy on the post of Asstt. Teachers are still lying unfilled. Recently, advertisement appeared in the year 2001 and for the same the State Government evolved out a course in the name and style of special B.T.C. Course for the appointment of Asstt. Teachers in Basic Primary Schools where the qualification has been mentioned as B.Ed/L.T.C.P.Ed./B.P.Ed./D.P.Ed. Such degree holders will be given Special Training for few months. The petitioners are also entitled to come under this category in Special Course.
(3.) THE counteraffidavit has been filed on behalf of the respondents. In para 4 of the counteraffidavit the contents of item 2 (k) has been reproduced as below : 2 (k) Shaikshik avem Prashikshan Yogyata : U.P. SARKAR DWARA SANCHALIT SANSTHAO MAIN PRASHIKSHIT B.T.C. TATHA HINDUSTANI ADHYAPAK PRAMAN PATGRA, JUNIOR ADHYAPAK PRAMAN PATRA AVAM ADHYAPAN PRAMAN PATRA KE SATH MADHYAMIC SHIKSHA PARISHAD U.P. KI INTERMEDIATE PARIKSHA YA SARKAR DWARA ISKE SAMAKSHA MANYATA PRAPTA ANYA SHAIKSHIK ARHATA. It has been submitted on behalf of the respondents that the essential qualification has already been indicated in the advertisement in question. In para 5 of the counteraffidavit it has been submitted that the Postgraduate Diploma in nursery education is neither requisite nor specified qualification for the post of primary school teacher run by Basic Education Board. In Para 6 it has been submitted that the alleged training qualification i.e., PostGraduate Diploma in nursery education has never been recognised by the State Government equivalent to B.T.C. H.C.T. or J.T.C., hence, the petitioners are neither qualified nor eligible to the post of Assistant Teacher in primary schools. ;