In the special circumstances, we companydone the delay in filing the Special Appeal.
The aforesaid circular in Hindi is reproduced below lak2657/15.5.97 127/97 Vh0 lh0 iszid Jh vkyksd jatu lfpo csfld fkkk mRrj iznsk kkluA lsok es fkkk funskd cs0 ykuEA ,oa v k fkkk ifjkn m0 iz0 ykuEA fkkk 5vuqHkkx ykuE fnukad 11.08.1997 fok m0 iz0 csfld fkkk ifjkn kjk lapkfyr fokyksa esa v kidksa dh fuqfDr ds lEcU k esaA egksn miqZDr fokd vkids v Zkkldh i la0 cs0 fk0 i0 537/97 98 fnukad 14.4.97 dh vksj vkidk ku vkdfkZr djrs gqs eqs g dgus dk funsk gqvk gS fd ch0 Vh0 lh0 ds ledk ekurs gqs dfri kkluknskksa ds kjk fofHkUu izfkk.k izek.k imikf k izkIr vHfFkZksa dks m0 iz0 csfld fkkk ifjkn kjk lapkfyr fokyksa ls lgkd v kid ds in ij fuqfDr gsrq vgZ ekuk xk gSA ifjknh fokyksa esa Hkkjh lak esa fjfDrksa rFkk iznsk esa miyC k ch0 Vh0 lh0 izfkk.k vHfFkZksa dks ku esa jkrs gqs m0 iz0 csfld fkkk ifjkn v kid lsok fuekoyh esa lkrosa lakks ku kjk fuqfDr dh izfXk ds dfri lakks ku fds xs gSaA okZ 1995 ls jkV h v kid fkkk ifjkn kjk fofHkUu izfkk.k laLFkkvksa dks ekUrk iznku djus ds lEcU k esa foLrr fnkk funsZk fuZxr fds xs gSa ftuds vkyksd esa vc fofHkUu fkkd izfkk.k vgZrkvksa ds lEcU k esa Fks iquZfopkj dh vkodrk gks xh gSA 2.
He does number either possess BTC, Hindustani Teaching Certificate, JCT or Certificate of Teaching.
Admittedly, the respondent does number possess the qualification mentioned in the said Circular.
Civil Appeal No.
328 of 2001 which was dismissed both on merits and on the point of limitation.
Against the judgment of the Division Bench, this appeal has been filed by special leave.
The Learned Single Judge dismissed the writ petition, but in appeal the Division Bench set aside that judgment and also the impugned Government Circular and the advertisement and allowed the appeal.
8034/2001 Upendra Rai only holds a Diploma in Education in short D.Ed.
training qualification.
Certificate is numberlonger regarded as equivalent to BTC after the circular dated 11.8.1997.
At the relevant time the said qualification mentioned in Rule 8 was Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or any other qualification recognized by the Government as equivalent thereto together with training qualification companysisting of a Basic Teacher Certificate, Hindustani Teacher Certificate, Junior Teacher Certificate, Certificate of teaching or any other training companyrse recognized by the Government as equivalent thereto.
3998/2002, 153/2003, 1207/2006, 2796/2006, 4784/2006, Civil Appeal Nos/2008 arising out of SLP Civil Nos.
This Circular dated 11.8.1997 was written by the Secretary, Basic Education, U.P. Government to the Director of Education Basic Chairman, Basic Shiksha Parishad, U.P. In this Circular it is mentioned in paragraph 2 that it has been decided by the Government after sufficient companysideration that in accordance with the provisions of the Uttar Pradesh Basic Education Teachers Service Rules, 1981 the posts of Assistant Teachers in the primary schools of the Board be filled up only with those candidates who are trained in U.P. Government Training Institutes and possess BTC or Hindustani Teaching Certificate or teaching certificate of Junior Teachers or Teacher.
The aforesaid U.P. Government Circular dated 11.8.1997 has been annexed as Annexure P 5 to this appeal.
8034 OF 2001 with Civil Appeal Nos.
It was also specifically mentioned in the aforesaid circular dated 11.8.1997 that equivalence to BTC granted earlier to other certificates was cancelled with immediate effect.
certificate awarded by the DIET, Jabalpur was earlier recognized as equivalent to BTC of U.P. However, even if that is so, we find that its equivalence if it existed at all to BTC has been, admittedly, rescinded by the U.P. Government Circular dated 11.8.1997.
1207 of 2006 was filed against the judgment of the Division Bench of the High Court in Special Appeal No.
Admittedly, the respondent in Civil Appeal No.
4819/2002, 9289/2002 20337/2002 MARKANDEY KATJU, J. Delay companydoned.
CIVIL APPEAL NO.
Before the Learned Single Judge the challenge was to the advertisement dated 28.4.1999 and the Government Circular dated 11.8.1997.
which was awarded to him after he companypleted two years companyrse from DIET Jabalpur in M.P. He does number hold any of the certificates of training qualification referred to in Rule 8 of the Rules.
It was submitted by learned companynsel for the writ petitioner respondent in this appeal before the High Court that the aforesaid D.Ed.
Since a companymon question of law is involved in the appeals filed by the State of U.P., Civil Appeal No.8034/2001 Basic Education Board, U.P. vs. Upendra Rai and others is taken as the leading case for companysideration in dealing with these appeals.
Leave granted.
vuqjks k gS fd dIk kklu ds viqZDr vknskksa dk dMkbZ ls vuqikyu lqfufpr djkus ,os ifjknh fokyksa esa lgkd v kid ds fjDr inksa dks m0 iz0 csfld fkkk v kid lsok fuekoyh 1981 ds izkfo kkuksa ds vuqlkj ch0Vh0lh0 rFkk fgUnqLrkuh v kid izek.k i twfuj v kid izek.k i ,oa v kid izek.k i izkIr vHfFkZksa ls gh Hkjs tkus dh dkZokgh djus dk dV djsaA tgka dgha ekuuh Ukkyksa kjk ikfjr vknskksa ds vuqlkj dkZokgh visfkr gks ml ij rnuqlkj dkZokgh dh tks rFkk mls kklu ds laKku esa rRdky ykk tksA Hkonh vyksd jatu lfpoA We are companycerned here with the second paragraph of the aforesaid circular.
25 of 2000 by which the Learned Division Bench set aside the judgment of Learned Single Judge dated 7.12.1999.
The D.Ed.
mDr ds vkyksd esa kklu kjk lEd fopkjksijkUr g fu.kZ fyk xk gS fd vc iznsk ds ifjknh izkFkfed fokyksa esa lgkd v kid ds inksa ij fuqfDr gsrq m0 iz0 csfld fkkk v kid lsok fuekoyh 1981 ds izkfo kkuksa ds vuqlkj mYkj iznsk ljdkj kjk lapkfyr laLFkkvksa ls izfkfkr ch0Vh0lh0 rFkk fgUnqrkuh v kid izek.k i twfuj v kid izek.k i ,oa v kid izek.k i izkIr vHfFkZksa ls gh Hkjk tkA rFkk ch0Vh0lh0 ds leku vU izfkk.k ikBXeksa ,oa mikf kksa dks iznku dh xh ledkrksa rkRdkfyd izHkko ls fujLr dj nh tkA 3.
The respondent admittedly got appointment after the Circular dated 11.8.1997 and hence this Circular applies to him.
8034/2001 has been filed against the impugned judgment and order dated 18.2.2000 passed by a Division Bench of the High Court of Judicature at Allahabad in Special Appeal No.
