TARUN AGARWALA, J. - (1.) HEARD Sri N.K.Singh, the learned counsel for the petitioner, Sri B.P. Singh, the learned counsel for the Basic Shiksha Adhikari and the learned Standing Counsel for the remaining respondents.
(2.) THE petitioner has filed the present writ petition praying for a writ of mandamus commanding the respondents to appoint him on the post of Assistant Teacher in primary institution in the District of Allahabad on the ground that the petitioner has a Buniyadi Prashikshan Certificate which is equivalent to the Basic Training Certificate and, which was recognised by the State of U.P. till the year 1997. The petitioner contends that he had obtained this certificate in the year 1973, and on this basis, he had applied for an appointment in the year 1995 and, at that mo­ment of time, the Buniyadi Prashikshan Certificate was recognized by the State of U.P, as equivalent to the B.T.C. On this basis the petitioner contended that he had the requisite qualification for being appointed on the post of Assistant Teacher in a Primary institution under Rule 8(1) of the U.P. Basic Education (Teachers) Service Rules, 1981. The respondents have filed a counter affidavit alleging that the petitioner is not entitled for any relief in as much as the Buniyadi Prashikshan Certificate ob­tained by the petitioner was derecognized by the State Government w.e.f. 11.8.1997 and therefore, as on date the petitioner was not eligible for being appointed as an Assistant Teacher in any Primary institution in the State of U.P.
(3.) THE learned counsel for the petitioner submitted that his application for appointment was pending with the respondent from the year 1995 and at that moment of time the State Government had recognised the Buniyadi Prashikshan as being equivalent to the Basic Training Certificate and therefore, the petitioner was eligible for being considered for an appointment on the post of Assistant Teacher.;