Rakesh Tiwari, J. - (1.) Heard Counsel for the parties and the Standing Counsel.
(2.) Petitioner has passed B.Ed. Examination in 1991. He submitted applications before the Secondary Education Service Commission, Azamgarh, in pursuance of the advertisement for BTC trained candidates for appointment as Assistant Teacher in Primary School but neither the fate of the application had not been communicated to him nor was called for interview. It is alleged that the B.Ed. training qualification of the petitioner is higher if not equivalent to BTC training.
(3.) The State Government has framed "The Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 in exercise of power under Section 19 (1) of the U.P. Basic Education Act, 1972 (UP. Act No. 24 of 1972). These Rules are applicable to Basic Schools, Juniors Basic Schools and Nursery Schools run by the Uttar Pradesh Board of Basic Education. Part III and IV of the Rules deal with the recruitment and qualification required for appointment of Teachers in Basic Schools. Rule 8 laying down essential qualification is as under : "Rule 8. (2) The essential qualification of candidates for appointment to a post referred to in Sub-sections (iii) and (iv) of Clauses (h) of Rule 5 for the teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall as follows : (i) A Bachelor's Degree from a University established by law in India or a degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language as the case may be as one of the subject, and; (ii) Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teahcer's Certificate, Junior Teacher's Certificate, Certificate of teaching or any other training course recognized by the Government as equivalent thereto,";