- (1.) The present special appeal has been filed against the judgment and order dated 9th May, 2012, passed by the learned Single Judge, whereby the writ petition challenging the order dated 20th March, 2012 passed by the Principal, District Institute of Education and Training, Etah, has been dismissed. We have heard Sri Siddharth Nandan, learned Counsel holding brief of Sri Chandra Prakash Singh, Advocate, on behalf of the appellant and Sri J.K. Tiwari, learned Standing Counsel for the respondents and have perused the impugned judgment and order dated 9th May, 2012 passed by the learned Single Judge giving rise to the present special appeal, the grounds taken in the memo of appeal and the documents filed alongwith it.
(2.) The appellant has done his Bachelor of Arts from Kurukshetra University having passed the examination of Bachelor of Arts (One Sitting) held in December, 1996 in second division. He has also done his Master of Arts in Political Science from Kurukshetra University in third division. He applied for training in B.T.C. Course-2011. He was selected. On scrutiny of his documents the Principal, District Institute of Education and Training, Etah vide order dated 20th March, 2012 has cancelled his selection on the ground that he has done his Bachelor of Arts (One Sitting) from Kurukshetra University, which cannot be treated as equivalent to the graduation degree as it is not a three-year degree course. The learned Single Judge had declined to interfere on the ground that the degree of Bachelor of Arts in respect of one year course cannot be said to be equivalent to the degree obtained on the basis of three years course nor any such equivalence was brought to the notice of the Court.
(3.) Sri Siddharth Nandan, learned Counsel for the appellant submitted that Kurukshetra University from which the appellant has done his Bachelor of Arts and Master of Arts is a university recognised by the University Grants Commission. The degree of Bachelor of Arts (One Sitting) awarded by Kurukshetra University is also recognised by the University Grants Commission as would be clear from the letter dated 4th March, 1997 written by the Additional Secretary, University Grants Commission, New Delhi in which it has been stated that the degrees of candidates enrolled in one -time Bachelor's Degree programme, up to the year 1995-96 may be treated as valid. The appellant was enrolled in one-time Bachelor's Degree programme in the year 1995-96 and had passed the examination in December, 1996. Thus, his Bachelor of Arts degree (One Sitting) awarded by Kurukshetra University for all practical purposes is to be treated as a valid degree. Sri J.K. Tiwari, learned Standing Counsel, however, submitted that normally Bachelor of Arts degree is of three years duration and the same degree of one year duration therefore, cannot be treated to be equivalent to Bachelor of Arts degree of three years. The submission is wholly misconceived. The courses may vary as earlier it was two-year course and now it is three-year course and in the Kurukshetra University in the year 1995-96 it was one year course. We find that the requirement under Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Condition of Service of Teachers) Rules, 1978 is that a person seeking appointment as Assistant Teacher should possess a graduation degree from a University recognised by the University Grants Commission. It is not in dispute that the degree of Bachelor of Arts (One Sitting) awarded by Kurukshetra University to the appellant is recognised by the University Grants Commission. As in the present case the Bachelor of Arts (One Sitting) awarded by Kurukshetra University is recognised by the University Grants Commission, the order dated 20th March, 2012 passed by the Principal, District Institute of Education and Training, Etah cannot be sustained and is hereby set aside. Consequently the order passed by the learned Single Judge is also set aside. The appellant shall be imparted training in B.T.C. Course-2011. The appeal succeeds and is allowed.;