B.AMIT STHALEKAR, J. - (1.) BY this writ petition, the petitioner is seeking quashing of the order dated 29.8.2013, whereby, the petitioner has been given appointment on a Class -IV post in the Prathmik Vidyalaya, Nagla Khepar Vikas Khand Janshath, District -Muzaffarnagar. The petitioner has further sought a direction to the respondents to consider his claim for appointment as Assistant Teacher in a Prathmik Vidyalaya on the basis of his educational qualification. From the averments made in the writ petition, it appears that the father of the petitioner late Kalu Ram was employed as a Permanent Assistant Teacher in the Senior Basic School run by the Board of Basic Education, District -Muzaffarnagar and expired while still in service on 3.5.2012. The petitioner submitted his application for grant of compassionate appointment before the Basic Shiksha Adhikari, Muzaffarnagar on 19.5.2012. According to the petitioner his educational qualifications are B.Sc with Mathematics, M.Sc. with Mathematics and B.Ed. Degree and even though as on 9.5.2012 his result of the B.Ed. Examination was still awaited the same was declared on 27.12.2012. The petitioner is also stated to have qualified the U.P. Teacher Eligibility Test, 2011 (Primary Level).
(2.) I have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner and Sri Virendra Chaube, learned counsel for the respondent no.4 and the learned Standing Counsel representing the respondents no.1 to 3. The Principal objection raised by the petitioner to his appointment to the Class IV post of Assistant Teacher is that he possesses the requisite educational qualification entitling him to appointment on the post of Assistant Teacher and even though he may not have the Teachers Training Certificate the same can be undergone by him within six months on his appointment in terms of the National Council for Teacher Education Notification Dated 23.8.2010. Para 3 of the NCTE Notification Dated 23.8.2010 reads as follows. "3. Training to be undergone; A person - (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class 1 to VIII upto 1st January 2012, provided he undergoes, after appointment an NCTE recognized 6 month special programme Elementary Education."
(3.) IT is submitted by Sri Ashok Khare that although the cut -off date prescribed in para 3 was 1.1.2012 however the said date has subsequently been relaxed by the Ministry of Human Resource Development (Department of School Education and Literacy) Notification dated 10.9.2012 and relaxation has been granted upto 31.3.2014.;