NARAYAN SHUKLA,J - (1.) IN the State of U.P. for the appointment on the post of Assistant Teacher in Primary Schools, it is necessary for the candidates to possess the certificate of B.T.C. or B. Ed. or equivalent one.
(2.) APPOINTMENTS and selections are made in pursuance to Basic Education Act and rules framed thereunder. The State Government while regulating the selection and appointment of Assistant Teacher provided that only those candidates shall be eligible who have obtained their certificate of B. Ed. or B.T.C. from an institution situated within the State of U.P. Feeling aggrieved by the condition imposed by the State Government, writ petitioner approaches under Article 226 of the Constitution of India. During the course of hearing, attention of Court was invited to two Division Bench judgments of this Court, namely, Upendra Rai vs. State of U.P., reported in 2000(2) UPLBEC 1340 and Vijai Kumar Kushwaha and others versus State of U.P. and others, reported in (2003)3 UPLBEC 2211.
(3.) IN the case of Upendra Rai, a Division Bench of this Court held that the candidates, who had obtained the B.T.C. Training Certificate from outside the State of U.P., shall also be entitled for appointment on the post of Assistant Teacher in the primary schools situated in the State of U.P. Condition imposed by State Government washeld to be violative of N.C.T.E. Act.;