Narendra Kishore Mehrotra, J. - (1.) THIS is a petition for issuing a writ in the nature of certiorari quashing the impugned order passed by the opposite party No. 2 for excluding the petitioners from the training of Special B.T.C. course. It is further prayed that if, it is found that the degree or diploma holders of any training for which the recognition under section 14 of N.C.T.E. Act, 1995 will necessary then to command the opposite party No. 6 to apply for to obtain the necessary recognition from 1995 so that the future of hundreds of students like the petitioners does not get doomed. Heard the learned Counsel for the petitioners and Sri R.K. Srivastava, the learned Standing Counsel for the opposite parties No. 1 to 4.
(2.) IT appears that the petitioners have applied for selection to undergo the Special B.T.C. training being imparted for giving appointment as Assistant Teacher in Basic Schools and they have not been found eligible because they are holding the degree of Shiksha Visharad which is not recognized. The petitioners have obtained the degree of Shiksha Vishard from Hindi Sahitya Sammelan, Allahabad. The qualification required for selection to the Special B.T.C. course is as follows: - - The learned Standing Counsel Shri R.K. Srivastava that Shiksha Visharad of Hindu Sahitya Sammelan, Prayag is not recognised and a bunch of writ petitions covering the controversy in question have been decided by this Court at Allahabad. The leading writ petition is Civil Misc. Writ Petition No. 25340 of 2003, Shailendra Kumar Singh and others v. State of U.P. and others. The relevant portion of the judgment dated 8.1.2004 in the aforesaid writ petition is as follows: - - Be that as it may, after the coming into force of the Act from 1st July, 1995, in view of the specific prohibition contained in sections 16 and 17 of the Act, neither the examination held by the Hindi Sahitya Sammelan can be recognized nor the training course of Shiksha Visharad offered by an unregistered institution can be recognized. Thus, till such time the institutions running Shiksha Visharad course are recognized by the Regional Committee the qualification acquired by each of the petitioners cannot be said to be a valid qualification for the purpose of giving appointment in the Basic Schools run by the State Government or the Basic Shiksha Parishad. Thus, a degree of Shiksha Visharad which each of the petitioners have obtained from the institution not recognised by the National Council for Teacher Education, cannot confer any right to be considered for appointment on the post of a teacher. ........... ............... ............. The learned Counsel for the petitioner submitted that the University Grants Commission had recognized the degree of Shiksha Vishard as it has been mentioned in item No. 56, presently item No. 135, of the list of degrees, recognized by it. It may be mentioned here that all the degree of Shiksha Vishard conferred by the Hindu Sahitya Sammelan, Allahabad do not stand recognized by the University Grants Commission. Only such teachers' training course which has been recognized by the National Council of Teacher Education, where Shiksha Visharad degree is given, have been recognized by the University Grants Commission. In view of the above conclusion, it is not necessary to go into the question as to whether the person holding the degree of Shiksha Visharad are entitled to be appointed as Assistant Teacher in the Basic Schools run by the Board or not? Before parting with the case, in order to safeguard the career of the students and to prevent them from being mislead by unrecognized degrees, the Court feels it proper to issue directions to the State Government and the National Council for Teacher Education to ensure that the Hindi Sahitya Sammeian, Allahabad which is a body constituted under the provisions of the 1962 Act, does not hold any examinations of a course of teacher training and/or grant affiliation to any institution which has not been recognized by the National Council for Teacher Education.
(3.) IN view of the aforesaid decision of this Court, I hold that the petitioners are not eligible for appearing for selection to the Special B.T.C. Course which is being organized to give appointment on the post of Assistant Teacher in primary school governed by Basic Shiksha Parishad. Therefore, this writ petition is dismissed.;