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2020 DIGILAW 630 (ALL)

Neeraj Kumar v. State of U. P.

2020-02-27

YASHWANT VARMA

body2020
JUDGMENT : 1. Heard learned counsel for the petitioners, Sri Bharat Pratap Singh for NCTE and the learned Standing Counsel. 2. The instant petition was allowed by a learned Judge on 20 August 2015. Aggrieved by that decision the State went up in Appeal. That Appeal was allowed by a Division Bench on 23 December 2016 observing thus:- "It is therefore, the case of the petitioner himself that as on date, there is no document available with him, which could establish that the D.Ed. Correspondence certificate obtained by him had due recognition mentioned for the NCTE for the year 2003. It has been settled by the Apex Court repeatedly as well as by the High Court that only such Educational Certificates can be taken into account which have due recognition from the NCTE and had been issued subsequent to the enforcement of National Council For Teachers Education Act. Recognition to the certificate obtained by the petitioner in the year 2003 has been granted by the NCTE could not be established. Therefore, order of the learned Single Judge directing the petitioner to be sent for B.T.C. Training cannot be legally sustained and is hereby set aside. The Special Appeal is allowed. The writ petition is restored to its original number. We leave it open to the petitioner to produce such documents as may be available with him or as may be obtained for establishing that the D.Ed. Correspondence certificate obtained by him had due recognition from NCTE in the year 2003." 3. Consequent to that remand, although this petition has remained pending on the board of this Court for the past four years post the order of the Division Bench, no material has been brought on the record by the petitioner to establish that his D.Ed. qualification was obtained from an institution which stood duly recognised at the relevant time. 4. On the last occasion the Court had called upon Sri Bharat Pratap Singh learned counsel appearing for NCTE to take further instructions. Sri Singh has been able to be place for the consideration of the Court an order pertaining to academic session 1997-98 only and the only document which is available on the record and which is relied upon by the petitioner is a communication according provisional recognition for the academic session 2000-01. Sri Singh has been able to be place for the consideration of the Court an order pertaining to academic session 1997-98 only and the only document which is available on the record and which is relied upon by the petitioner is a communication according provisional recognition for the academic session 2000-01. In light of the failure on the part of the petitioner to establish a recognition granted by the NCTE for the period during which the D.Ed. degree was obtained, the Court finds no ground to continue this petition any further which shall stand dismissed.