VED PRAKASH TIWARI Vs. STATE OF U P
LAWS(ALL)-2003-7-218
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on July 31,2003

VED PRAKASH TIWARI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

N.K.Mehrotra, J. - (1.) All the aforesaid writ petitions have been filed for issuing the writ in the nature of mandamus commanding the opposite parties to consider the cases of the petitioners for their appointment as Assistant Teacher in the primary schools and to pay them salary on the said post of Assistant Teacher in the primary schools.
(2.) Since the common question of law is involved, all the writ petitioners are being disposed of together by a common judgment finally with the consent of the parties.
(3.) The writ petitioners are holding the B. Ed. degree while admittedly the B.T.C. trained teachers are eligible for the post of the Assistant Teacher of the primary schools under Rules. The facts as alleged in the petitions are near about the same. There are U.P. Basic Education (Teacher Service) Rules, 1981 which lay down the eligibility for the post of the Assistant Teacher in primary schools. Rule 8 of the aforesaid rules deal with the academic qualification. This rule provides the following academic qualification for the post of Assistant Master and Assistant Mistress of Junior Basic School. "A Bachelor's Degree from a University established by law in India or a degree recognized by the Government as equivalent thereto together with the 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.";


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