- (1.) Heard Shri Satyaveer Singh, learned counsel appearing for the petitioners, Shri Rajesh Tripathi, learned counsel appearing for the Union of India, Shri Dhananjay Awasthi, learned counsel appearing for the National Council for Teacher Education, Shri M.N. Singh, learned counsel appearing for the Uttar Pradesh Public Service Commission and Shri A.K. Goel, learned Additional Chief Standing Counsel appearing for the State-respondents.
(2.) Petitioners, 47 in number, by the instant writ petition seek writ of mandamus declaring Rule 8(12) of U.P. Sub-ordinate Educational (Trained Graduate Grade) Services (4th Amendment) Rules, 2016 (Rules, 2016), ultra-vires of Article 14 of the Constitution of India to the extent the impugned rule prescribes qualification for the post of Assistant Teacher-Art as having graduation with Art and/or Fine Art, consequently, the advertisement dated 15 March 2018 issued by the Secretary, U.P. Public Service Commission, Allahabad, is also being challenged.
(3.) Petitioners admittedly do not fulfill the qualification for the post of Assistant Teacher-Art mandated by the impugned rule, they are intermediate with Art (Technical Art/Drawing Technical). In other words, petitioners are graduate in streams other than Art/Fine Art but have Art subject at intermediate (Class 12). It is urged on behalf of the petitioners that the teachers are to be appointed for Class 9 and 10 in government intermediate schools. The provisions of Intermediate Education Act, 1921 (Intermediate Act) and Regulations framed thereunder prescribe qualification for Assistant Teachers-Art, inter alia, as intermediate in Art/Fine Art. All persons possessing the qualifications are eligible to be appointed as teachers in private aided/non aided recognized schools. The syllabus prescribed under the Regulations is common to the students, studying in government schools and private schools which fall within the purview of the Board which conducts a single examination for Class 10. In this backdrop, it is urged that prescribing two set of qualifications, one for teachers to be appointed in government schools and the other for teachers seeking appointment in private aided institution is arbitrary as the Assistant Teachers would teach students of Class 9 and 10 and the students would be examined by the same examining Board on the syllabus prescribed under the Regulations. It is, therefore, urged that the impugned rule prescribing qualification different than that prescribed under the Intermediate Act is bad in law being discriminatory.;