- (1.) The petitioners are assailing the additional qualification of Intermediate with Sanskrit from the U.P. Board or an equivalent examination of Sanskrit as provided for the post of Assistant teacher in Hindi in Government Schools governed by the provisions of the U.P. Subordinate Educational (Trained graduates Grade)Service Rules, 1983.
(2.) The submission of Sri Khare was noted in the order dated 6.2.2013 when the petition was entertained as quoted herein under. "The contention raised by Sri Ashok Khare learned senior counsel is that the petitioners have applied for being appointed against the post of Assistant Teacher in T.G.T. grade for Hindi subject and that they possess graduation degree with Hindi and Sanskrit as one of the subject. The petitioners candidature is not being considered or not likely to be considered on account of the qualification prescribed for the said purpose inasmuch as the requirement is that the candidates have to possess a bachelor's degree with Hindi and Intermediate with Sanskrit from the U.P. Board or an equivalent examination with Sanskrit. Sri Khare contends that the petitioners firstly are in possession of higher qualifications as they are graduates in Hindi and Sanskrit. He secondly submits that the same category of education is being imparted in privately managed institutions under the U.P. Intermediate Education Act,, 1921. The qualification prescribed under Appendix 'A' for appointment against such category of post does not have any such requirement. The submission of Sri Khare is that their qualifications are graduation with Hindi and Sanskrit as one of the subject. He contends that there is an anomaly in the matter of qualification for the same teachers imparting education in different category for the same course. He contends that the course of Hindi and Sanskrit at that level either in a government school or a privately managed school is one and the same and in such circumstances if the higher qualification of graduation has been accepted in private schools then in the instant case the insistence of possession of a lesser qualification is arbitrary and violates Article 14 of the Constitution. Accordingly Sri Khare has even made a prayer questioning the correctness of the rules and challenged the vires thereof on the basis of the aforesaid submissions. He prays time to assists the Court with authorities. Put up on Friday next. "
(3.) Sri Khare has further advanced his submission by relying on four judgments to urge that the possession of a higher qualification of the same line does not disqualify the petitioners even if they do not possess the lesser qualification at the Intermediate level. The judgments relied upon are (i) Mohd. Riazul Usman Gani Vs. District & Sessions Judge,Nagpur, 2000 2 SCC 606(ii) State of Haryana Vs. Abdul Gaffar Khan, 2006 11 SCC 153(iii) Chandrakala Trivedi Vs. State of Rajasthan, 2012 3 SCC 129 and (iv) Manjit Singh Vs.State of Punjab.,2011 1 ESC 115;