D.P.Mohapatra, C.J. - (1.) The short question that arises for determination in this case is whether the appellants, who hold certificates of training of physical education (C.P.Ed, for short), are entitled to relaxation of the maximum age prescribed under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the Rules) for appointment to the post of Assistant Master in Basic Schools under the Zila Basic Shiksha Adhikari, Azamgarh.
(2.) The facts of the case, shorn of unnecessary details, may be stated thus : In pursuance of the advertisement published in the daily newspaper, Dainik Jagran dated 27.11.1993 published from Gorakhpur (Annexure-1 to the affidavit accompanying the stay petition) inviting applications for the post of Assistant Masters for Primary Basic Schools controlled by the Basic Shiksha Parishad, Uttar Pradesh, the appellants, who held C.P.Ed, certificates, submitted their applications. They were called to the interview held on 6th and 7th of December, 1993 along with other candidates. From the candidates holding C.P.Ed. certificates called to the interview, 56 were issued appointment orders, but the appellants were denied appointment on the ground that they were age-barred. Being aggrieved by the action of the Basic Shiksha Adhikari, Azamgarh, excluding them from selection for the post, they filed Civil Misc. Writ Petition No. 15231 of 1996 contending, inter alia, that they were entitled to relaxation of the maximum age upto 50 years, which is applicable to candidates holding Basic Teachers Training Certificate (B.T.C. for short) since the State Government has taken a policy decision to recognise C.P.Ed, as equivalent to B.T.C. for the purpose of eligibility qualification for appointment as Assistant Master in a Basic School. The learned single Judge by his judgment/order dated 1.5.1996 rejected the contention raised by the appellants and dismissed the writ petition. The said judgment/order is assailed in this appeal.
(3.) Rule 6 of the Rules, which prescribes the maximum age of candidates for recruitment to the post of Assistant Master, reads as follows : "6. Age.--A candidate for recruitment to any post referred to in clause (a) or proviso to clause (b) of Rule 5, must have attained the age of eighteen years and must not have attained the age of more than thirty two years on the first day of July following the year in which the vacancy is notified : Provided that the upper age-limit shall, in the case of candidates belonging to the Scheduled Caste, Scheduled Tribes, Backward Classes and dependants of freedom fighters, be greater by five years or as provided by the State Government from time to time : Provided further that where after successful completion of a course of training prescribed for teachers of Basic Schools, a candidate could not get appointment due to non-availability of vacancy in the district, the period he has remained unappointed shall not be counted for the calculation of his age if he has not attained the age of more than fifty years on the date of appointment." Rule 8 which prescribes the academic qualification essential for candidates seeking appointment to the post, so far as relevant for the purpose of the case, reads as follows : "8. Academic qualifications.--(1) the essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each : Post Academic qualifications Mistress of Nursery Certificate of Teaching (Nursery) from a (i) Schools.recognised training institution In Uttar Pradesh or any other training qualification recognised by the State (ii) Assistant Master and Assistant Mistress of Junior Basic Schools. Board of High School and Intermediate Education. Uttar Pradesh or any other qualification recognised by the State Government as equivalent thereto together with the training qualification consisting ofCertificate of Teaching or any other training course recognised by the State Government as equivalent thereto. .............................................";