ROUNAK AFROZ Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2016-7-249
HIGH COURT OF ALLAHABAD
Decided on July 20,2016

Rounak Afroz Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

- (1.) Heard Sri Yateendra Singh, learned counsel for the petitioner, Sri B.P. Singh Kachhwah, learned standing counsel for respondent nos. 1,2 and 3 and Sri R.P. Shukla holding brief of Sri Sanjay Kumar Singh, learned counsel for respondent no.4.
(2.) This writ petition has been filed praying for a writ, order or direction in the nature of mandamus commanding the respondents to consider the selection and appointment of the petitioner on the post of Assistant Teacher (Urdu ) and to treat the Urdu Teacher Certificate (UTC) of the petitioner conferred by All India Talim Ghar, Lucknow, equivalent to Basic Teaching Certificate/ two years BTC (Urdu) and also to command the respondents to keep one post reserved for the appointment of the petitioner.
(3.) In Special Appeal Defective No.166 of 2016 (Man Singh Gautam and another v. State of U.P. and two others ), decided on 29.2.2016, a Division Bench of this Court has held that Urdu Training Course Certificate granted by All India Talim Garh, Lucknow is not equivalent to B.T.C. (Urdu). The aforesaid Division Bench judgment is reproduced below. "The writ petition filed by the appellants seeking a mandamus for issuance of their original mark sheets of UPTET 2013-14 has been dismissed by the learned Single Judge on 22 April 2015. Both the appellants claim to have passed an Urdu Training Course from the All India Talim Garh, Lucknow and that the said course is equivalent to BTC. The learned Single Judge dismissed the writ petition by holding that no material has been shown to indicate that the State Government recognizes the aforesaid degree issued by the All India Talim Ghar as equivalent to BTC. The appellants rely on a communication dated 13 September 1994 of the Secretary in the State Government. The communication, in fact, indicates that such teachers were not to be treated as trained teachers but they will receive the pay scale of an untrained teacher. In this view of the matter, the learned Single Judge was justified in coming to the conclusion that there was no basis to hold that the course which was undergone by the appellants was treated by the State Government as equivalent to BTC. No case for interference with the order of the learned Single Judge is made out. The special appeal is accordingly dismissed. There shall be no order as to costs.";


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