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2016 DIGILAW 959 (UTT)

Manju Kandpal v. State of Uttarakhand

2016-12-13

SUDHANSHU DHULIA

body2016
JUDGMENT : 1. The respondent – Lakshmibai National University of Physical Education, Gwalior has filed affidavits in WPSS No. 1079 of 2016 and WPSS No. 1462 of 2016. Learned counsel for respondent No. 6 further submits that the stand taken in the affidavit filed in WPSS No. 1462 of 2016 is the same in WPSS No. 1463 of 2016 as well. Since there is an objection of the Registry, therefore, learned counsel for respondent No. 6 is directed to verify the contents of the affidavits during the course of the day. The affidavits filed on behalf of respondent No. 6 are taken on record. In all these writ petitions, the dispute is regarding the qualification of the petitioners. Hence all these matters are being heard and decided by this common judgment. For the sake of convenience, however, the facts of WPSS No. 1079 of 2016 are being taken into consideration for the disposal of these matters. 2. The petitioner (in WPSS No. 1079/2016) was a candidate for the post of Assistant Teacher (Physical Education) in a Government School. The petitioners (in WPSS No. 1462 of 2016 and WPSS No. 1463 of 2016) were appointed as an Assistant Teacher (Physical Education) and served as such for about a month. However, vide impugned orders dated 24.06.2016 and 04.07.2016 respectively their appointments were stayed by the authority concerned. 3. The qualification of the petitioner is B.P.Ed. four years integrated course in Physical Education, which is called Bachelor in Physical Education, which they have done from a deemed University, namely, Lakshmibai National University of Physical Education, Gwalior. The qualification for Assistant Teacher (Physical Education) as provided under Rule 8 of the Uttarakhand Subordinate Education – L.T. Grade (Trained Graduates Cadre) Service Rules 2014 are as under:- “i Bachelor degree from a university established by law in India. ii Vyam Ratan/D.P.Ed. (diploma in physical education) from a Government college/or a institute recognized by Government. Or iii B.P.Ed. (Bachelor in Physical Education) from a university established by law in India. iv B.Ed. from a University established by law in India. Or L.T. Diploma from a Government college/institute, or institute or college recognized by Government” 4. According to the respondent, the petitioner is not fully eligible for the post of Assistant Teacher (Physical Education) as per rules (referred above). (Bachelor in Physical Education) from a university established by law in India. iv B.Ed. from a University established by law in India. Or L.T. Diploma from a Government college/institute, or institute or college recognized by Government” 4. According to the respondent, the petitioner is not fully eligible for the post of Assistant Teacher (Physical Education) as per rules (referred above). On the other hand, the case of the petitioner was that there was no requirement for the petitioner to have done a separate Graduate Degree, inasmuch as the degree itself is a Graduation in Physical Education. Moreover, it is a four years integrated degree course. 5. The Institute i.e. Lakshmibai National University of Physical Education, which has granted the degree in favour of the petitioner, has been arrayed as one of the respondents in the present matters. The Institute is being represented by Mr. M.S. Bisht, Advocate before this Court. In the affidavit, they have stated as under:- “8. It is submitted that the B.P.E. degree holders from Lakshmibai College of Physical Education are to be treated at with those holding B.A./B.Sc./B.Com. Degree plus a diploma in physical education and these B.P.E. holders should not be required to possess an additional B.A./B.Sc./B.Com. Degree for purpose of employment as directors of physical education or similar posts. This has stated in a letter dated 14.12.1970 bearing No. F.14-2/70-YS.I(4) from the Ministry of Education and Youth Services addressed to education secretaries of certain states (including Uttar Pradesh thus covering Uttarakhand) and registrars of all universities. True copy of the letter dated 14.12.1970 is attached herewith as Annexure R1. The same communiqué has been reiterated by the Ministry of Education on 26.11.1985 vide letter No. F-17-11/65-PE.4. A true copy of the letter dated 26.11.1985 is attached herewith as Annexure R2.” 6. In other words, the respondent has supported the case of the petitioner that there is no requirement of separate degree, which are combined degree as well as qualification in Physical Education. A true copy of the letter dated 26.11.1985 is attached herewith as Annexure R2.” 6. In other words, the respondent has supported the case of the petitioner that there is no requirement of separate degree, which are combined degree as well as qualification in Physical Education. Learned counsel for the State has apprised this Court that in a similar matter in WPSS No. 1078 of 2016 (decided on 18.10.2016) although that matter relates to Punjab University, Chandigarh, has passed following direction, while deciding the matter:- “Without expressing any opinion, it would be better, if the petitioner moves a representation to the Secretary (Education), Government of Uttarakhand, Dehradun, who shall constitute a committee, who shall look into the qualification of the petitioner and in case, they found that the petitioner comes within the eligibility criteria, shall pass appropriate order therein. The petitioner will be at liberty to furnish all the relevant documents to the committee or to the Secretary concerned in this regard. With the aforesaid observation, the writ petition stands disposed.” 7. In view thereof, the present writ petitions also stand disposed with a direction that the petitioners shall move a representation to the Secretary (Education), Government of Uttarakhand, Dehradun, who shall constitute a committee, which shall look into the qualification of the petitioners and in case, they found that the petitioners come within the eligibility criteria, shall pass appropriate order therein, within ten weeks thereafter. The petitioners will be at liberty to furnish all the relevant documents to the committee or to the Secretary concerned in this regard along with the representation.