Puran Lal Gangwar v. U. P. Basic Education Board, Allahabad and Others
2013-02-06
A.P.SAHI
body2013
DigiLaw.ai
Amreshwar Pratap Sahi, J.— This writ petition has been filed by the candidate who has appeared in the U.P.TET 2011 Examinations and has opted Paper 2 meant for U.P. Upper Primary School. This fact is undisputed and admitted in the writ petition. The petitioner in the present writ petition seeks a relief that he has applied for being appointed in lower primary school i.e. class 1 to 5 and therefore his application should not be rejected merely on the ground that he has not appeared in Paper 1 as provided for in the Brochure. The aforesaid argument of Sri A.K.Sachan learned counsel for the petitioner is based on the information given by the respondent, that if a teacher wants to appear for a post in a lower primary school the candidate has to appear in Paper 1 or else Paper 2 and eligible candidates may also apply for both posts. In the opinion of the Court the entire Brochure clearly reveals that there are two categories of eligibility and qualifications provided separately for lower primary school and upper primary school. Consequently Paper 1 has been set to invite applications from such candidates who want to be appointed as teachers in lower primary school whereas Paper 2 has been provided for the candidates who apply for being appointed as teachers for Class 6 to 8. The categories are therefore different based on qualifications clearly indicated therein. One is not a substitute of the other. Apart from this the Brochure also specifies that Paper 1 has to be attempted by the candidates who want to become teachers for class 1 to 5 and Paper 2 is t for those who want become teachers for class 6 to 8. There is a third category of candidates who are interested in teaching classes 1 to 8 who can appear in both papers. The argument of Sri Sachan cannot be accepted inasmuch as the petitioner had according to his own case appeared in Paper 2 only and therefore he cannot be eligible for being appointed in lower primary school as he has not appeared in Paper 1. These qualifications and criteria are not interchangeable. The writ petition lacks merit and is accordingly dismissed. _____________