ABHINAVA UPADHYA, J. - (1.) Heard Sri G.K. Singh, learned senior advocate assisted by Sri Rakesh Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for the State Authorities and Sri Prem Prakash Yadav appearing for the District Basic Education Officer.
(2.) The petitioner had applied for appointment as Assistant Teacher pursuant to an advertisement dated 19.7.2016 by the Committee of Management of an aided Junior High School. The petitioner was selected and the papers were forwarded to the District Basic Education Officer on 30.7.3016. When financial approval was not being granted by the District Basic Education Officer, the petitioner filed writ petition No.60451 of 2016 which was disposed of by the order dated 21.12.2016 directing the District Basic Education Officer to consider the claim of the petitioner and pass appropriate order within the stipulated period.
(3.) Pursuant to the order of this Court, the District Basic Education Officer has now passed an order on 13.2.2017 rejecting the claim of the petitioner. The sole ground for rejection of the claim is that the petitioner does not have degree of Bachelor of Arts, instead he had applied with a degree of LL.B. which is a professional degree and is not contemplated as qualification under Rule 4 of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules of 1978 ( in short, the Rules of 1978).;