ALOKE CHAKRABARTI,J. - (1.) HEAD Mr. Arvind Srivastava, learned Counsel for petitioner and learned Standing Counsel as also Mr. A. K. Singh, learned Counsel appearing on behalf of the Board.
(2.) CONTENTIONS raised by the learned Counsel for petitioner are all on law and no dispute on facts are to be resolved for disposing the writ petition. Learned Standing Counsel agreed to final disposal of the writ petition at this stage without filing counter affidavit. The petitioner is challenging the advertisement dated 28 -4 -1999 and Government Circular dated 11 -8 -1997 alleging the illegality therein as qualifications acquired from recognised institutes in other States have been kept beyond consideration for appointment against the posts advertised. The said advertisement was in respect of appointment for the post of Assistant Teacher in Basic Schools and it has been provided therein that the candidates must have qualification of ETC from a recognised institute in the State of Uttar Pradesh. The petitioner claims that his candidature cannot be refused to be considered as he has completed BTC course from State of Madhya Pradesh.
(3.) LEARNED Counsel for petitioner contended that the qualification acquired by the petitioner in the year 1998 after prescribing the course was recognised and certified by the Board of Madhyamik Shiksha Mandal, M.P., Bhopal and the said institute is known as District Institute of Education and Training of Jabalpur and is recognised by the authorities under the National Council for Teacher Education Act, 1993 (hereinafter referred to as NCTE Act). It is stated that Section 14 of NCTE Act provides for details of the provisions required to be followed to get recognition of the institution running teachers training course from the authorities under NCTE Act. Section 17(4) of the said Act was relied on to contend that certificate of teacher training given by every recognised institution shall be a valid qualification for the purpose of employment under Central Government, any State Government or University or any School, College or other educational body aided by the Central Government or any State Government. It is also stated that the aforesaid schemes have been taken and Statutes were framed for the purpose of improvement in the quality of education equally throughout the entire country. Learned Counsel for petitioner further relied on the statement made in the writ petition for contending that the petitioner is having better qualifications and still his candidature is not being considered for the purpose of posting in Basic Schools in the State of Uttar Pradesh.;