Sudhir Narain, J. - (1.) The petitioners seek writ of mandamus commanding the respondents to consider the case of the petitioner for appointment to the post of Assistant Teacher in Junior Basic Schools run and managed by the U.P. Basic Education Board in case sufficient candidates having Basic Teacher's Certificate (In short B.T.C.) qualification are not available in respect of the selection process commenced in pursuance of the advertisement dated 18th August, 1997.
(2.) The petitioners claim that they should be permitted to appear for the selection for the post of Assistant Teacher in Junior Basic Schools run by the U.P. Basic Education Board in pursuance of the advertisement made by the Basic Shiksha Adhikari, Bulandshar on 18th August. 1997 whereby the candidates possessing Basic Teacher's Certificate (B.T.C), Hindustani Teacher's Certificate (H.T.C), Junior Teacher's Certificate (J.T.C.) or any other training course recognised by the State Government equivalent thereto, were made eligible for applying for the post of Assistant Teacher in Junior Basic Schools run by the U.P. Education Board. The petitioners do not possess any of these certificates but they have obtained B.Ed, degree which is not equivalent to B.T.C. H.T.C, J.T.C. or any other certificate equivalent thereto recognised by the U.P. Education Board. The qualification for appointment is contained under Rule 8 of the Uttar Pradesh Basic Education (Teachers Service) Rules, 1981 which is quoted below : "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 against each : Post Academic Qualification (i) Mistress of Nursery Schools(Nursery) Pradesh or anyqualification thereto. (ii) Assistant Master and of Assistant Mistress of Junior Basic and Education,Uttarqualificationthereto bytogetherqualificationTeachers Certificate of Teaching form recognized traininginstitution in Utter other training recognised by the StateGovernment as equivalent High School Examination the Board of High School Schools. Intermediate Pradesh or any other recognized as equivalent the State Government with the training consisting of a Basic Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate of Teaching or any other training course recognised by the State Government as equivalent thereto." The B.Ed, degree is not included in the qualifications mentioned for appointment to the post Assistant Masters of the Junior Basic Schools. In U.P. the education has been categories in three parts "(i) Basic Education; (ii) Secondary Education, and (ill) Higher Education. The Basic Education is further categories in three parts- (i) Nursery Schools; (ii) Junior Basic Schools, and (iii) Senior Basic Schools. The qualification for teaching in Nursery Schools is Certificate of Teaching (Nursery) from recognised Training Institution in Uttar Pradesh or any other Training qualification recognised by the State Government as equivalent thereto. The qualification for the post of Assistant Master is besides other qualification. B.T.C. H.T.C. to J.T.C. or any other training course recognised by the State Government equivalent thereto. For the Senior Basic Schools for teaching Science, Mathematics (Craft) or other language other than Hindi, additional qualification have been prescribed. B.Ed, degree has not been recognised by the State Government as equivalent to B.T.C, H.T.C. and J.T.C. The secondary education is imparted to the students of High School and Intermediate. The teachers appointed to teach High School and Intermediate are required to obtain B.Ed. Degree is one of the qualifications for their appointment. Both the said training qualifications, are meant for different purpose at difference educational level. A teacher, appointed to teach students of Nursery school, is required to have a different training than a teacher who is to teach in Junior Basic Schools or Senior Basic Schools."
(3.) Similarly a teacher who is to teach High School and Intermediate Students is required to have a different training qualification. The mere fact that a person holds a higher training qualification that what is required by the Rules does not entitle him to be treated as qualified for teaching in Junior Basic Schools where a different kind of training is required. It is in the backdrop of the understanding the psychology of the students, their behaviour, attitude and the capacity to understand the things thought to them, the qualification for appointment has been laid down. The Course of study in B.T.C, H.T.C. and J.T.C. are different from that of B.Ed. Similarly, the teachers who are appointed to teach in Nursery Schools, their training qualification is Certificate of Teaching Nursery. The candidates who have B.T.C. H.T.C. and J.T.C. shall not be eligible for appointment to teach the students of Nursery Schools. This aspect was considered in Mahendra Nath Mishra v. State of U.P. and Anr., 1996 (2) ESC 312, unreported decision in Civil Misc. Writ Petition No. 28243 of 1996, Nirmal Chandra Mishra and Ors. v. State of U.P. and Ors. and B.Ed. Berozgar Sangh, Sonbhadra and Ors. v. State of U.P. and Ors., 1997 (3) UPLBEC 1774, where it was held that the candidates who have obtained B.Ed. Degree cannot be treated as possessing required qualification as contemplated under Rule 8 of U.P. Basic Education (Teachers Service) Rules, 1981, for appointment to the post of Assistant Teachers in Junior Basic Schools.;