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Allahabad High Court · body

2007 DIGILAW 2082 (ALL)

JITENDRA SHAHI v. STATE OF UTTAR PRADESH

2007-08-09

ASHOK BHUSHAN

body2007
JUDGMENT Hon’ble Ashok Bhushan, J.—Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Sunil Kumar Srivastava for the petitioners and Sri K.S. Kushwaha appearing for the respondents. 2. These two writ petitions have been filed by the petitioners praying for quashing the Government order dated 10th July, 2007 and the advertisement dated 18th July, 2007 in so far as it limits consideration of Shiksha Mitra under 10% seats reserved for candidates possessing Bachelor of Education Degree. 3. Petitioners case in the writ petition is that all the petitioners are working as Shiksha Mitras and possess experience of more than three years of such working. All the petitioners are graduate but they do not possess any training qualification. 4. Learned Counsel for the petitioners challenging the impugned Government order and advertisement, contended that Government order prescribed consideration of Shiksha Mitras under 10% seats having three years experience with B.Ed. The submission is that the requirement of possessing B.Ed. qualification is unjustified and under 10% seats earmarked for appointment of Shiksha Mitras there should not be any restriction of possessing B.Ed. and working as Shiksha Mitras itself be treated to be sufficient eligibility for applying in Special Basic Training Course 2007. Learned Counsel for the petitioner further submits that Shiksha Mitras are imparted one month training at District Institute of Education and Training and thereafter when their tenure is renewed for next year fifteen days refresher training is given every year. Petitioners’ case is that petitioners having sufficient experience as Shiksha Mitras are entitled to apply for special Basic Training Course 2007. 5. I have considered the submissions and perused the record. 6. The conditions and eligibilities for applying for Special Basic Training Course has been prescribed in the Government order 10.7.2007. The said Government order has been issued after receiving approval of the National Council of Teachers Education. The requirement of B.Ed. degree is an essential condition as provided in the Government order and also by N.C.T.E. The Shiksha Mitras having three years experience of working and having B.Ed. qualification have been permitted to apply under 10% seats earmarked for Shiksha Mitras. The 10% seats have been earmarked for Shiksha Mitras for the purpose that at least 10% of the seats be filled up from amongst the Shiksha Mitras having three years experience and B.Ed. degree. qualification have been permitted to apply under 10% seats earmarked for Shiksha Mitras. The 10% seats have been earmarked for Shiksha Mitras for the purpose that at least 10% of the seats be filled up from amongst the Shiksha Mitras having three years experience and B.Ed. degree. The engagement of Shiksha Mitra is made in accordance with the various Government orders issued from time to time including the Government order dated 26th May, 1999. There is no requirement of any training qualification for engagement of Shiksha Mitra. The essential qualification of Shiksha Mitra is only High School and Intermediate or equivalent. The Special Basic Training Course is being imparted by the State Government after taking requisite approval under the National Council for Teachers Education Act, 1993. The requirement of possessing B.Ed, is a condition prescribed by the N.C.T.E. for Special Basic Training Course. The Government order dated 10th July, 2007 is in conformity with such requirement as provided by N.C.T.E. The Shiksha Mitras, who did not possess the B.Ed, degree are not eligible. The requirement of the B.Ed. degree under the Government order for consideration of Special Basic Training Course cannot be held to be illegal. The petitioners who do not fulfil the eligibility as provided in the Government order and the advertisement cannot apply for Special Basic Training Course. No grounds have been made out for quashing the Government order, which provides possession of B.Ed. course also for those Shiksha Mitras who have three years experience. The reliefs claimed in the writ petition cannot be granted. Both the writ petitions are dismissed. ————