- (1.) Heard counsel for the parties and the standing counsel. Petitioners have passed B.Ed. examination. They submitted application before the District Basic Education Officer, Bulandshahar in pursuance of an advertisement for BTC trained candidates for appointment as Assistant Teacher in Primary School but neither the fact of their application had not been communicated to them nor were called for interview. It is alleged that the B.Ed. training qualification of the petitioner is higher if not equivalent to BTC training.
(2.) The State Government has framed "The Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 in exercise of power under Section 19(1) in exercise of power under Section 19(1) of the U.P. Basic Education Act, 1972 (U.P. Act No. 34 of 1972). These rules are applicable to Basic Schools, Juniors Basic Schools and Nursery Schools run by the Uttar Pradesh Board of Basic Education. Parts III and IV of the rules deal with the recruitment and qualification required for appointment for 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 clause (h) of Rule 5 for the teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows : (i) A bechelor'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 Teacher's Certificate, Junior Teacher's Certificate, Certificate of teaching or any other training course recognized by the Government as equivalent thereto."
(3.) It is averred that there is no provision under the U.P. Basic Education (Teachers) Service Rules, 1981 for equating the training qualification of B.T.C. with the qualification and training of B.Ed., C.P. Ed., B.P. Ed. and D.P.Ed. for appointment as Assistant Teacher.;