R.B.Misra, J. - (1.)In this petition prayer has been made for issuance of writ of mandamus directing the respondents to consider the names of the petitioners for appointment to the post of Assistant Teacher in Primary Schools of rural area in District Mampuri run by the Board of Education, U.P., in view of the advertisement dated 5.1.1999.
(2.)Heard Sri Arvind Srivastava, learned Counsel for the petitioners and Shri P.K. Sharma, learned Counsel for the respondents and learned Standing Counsel for the State of U.P.
(3.)It appears that an advertisement dated 5.1.1999, was published for appointment to the post of Assistant Teacher in Primary Schools under Basic Education Board, U.P., Allahabad, where the prescribed educational qualification and training was to be held by the candidate along with holding the Basic Teacher Certificate, Hindustani Teacher Certificate, Junior Teachers Certificate and Intermediate Education from U.P. High School and Intermediate Education Board or any qualification recognised equivalent to such qualification by the State Government. The petitioners claim to be in possession of the 'Diploma in Education' from Intermediate Education Board, Madhya Pradesh, Bhopal. On the strength of such certificate the petitioners submitted application for being considered to the post of Assistant Teacher on the claim that the certificate of 'Diploma in Education' of the petitioners are equivalent to B.T.C. of Uttar Pradesh. According to the petitioners notification dated 16.3.1986 was issued by the Education Department of Uttar Pradesh whereby "Buniyadi- Prashikshan Patropadhi" of Madhya Pradesh was recognised equivalent to B.T.C. of Uttar Pradesh. Thereafter on 2.4.1997 the Secretary, State of UP., Department of Basic Education wrote to the Sanchalak (Prashasan), Lok Shiksha, Madhya Pradesh, Bhopal asking whether name of 'Buniyadi Prashikshan Patropadhi' has been changed as 'Buniyadi Prashikshan Praman-Patra' and by letter dated 5.4.1997 the State of Madhya Pradesh (Lok Shikshan) informed that the name of 'Buniyadi Prashikshan Patropadhi' has been changed as 'Buniyadi Prashikshan Praman Patra Pariksha1 and again it was changed as 'Diploma in Education', however, on 11th August, 1997 the State Government only acknowledged the B.T.C., H.T.C., J.T.C., Certificate of teaching or any other training course recognised by the State Government as the required qualifications for appointment to the post of Assistant Teacher in the Primary Schools under Basic Education Board in reference to the U.P. Basic Education (Teachers) Service Rules, 1981 and other equivalent certificates were de-recognised w.e.f., 11.8.1997.