Dismissed

Surya Prakash Pandey v. State of U.P. and 5 Ors.

Allahabad HC8 Aug 2018SPLA/244/2016

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What is this about?

A single judge dismissed an appeal against an order holding the appellant ineligible for the post of Assistant Teacher due to possession of Shiksha Alankar degree, which was never declared equivalent to a Bachelors degree.

What did the court decide?

No interference with the order dismissing the writ petition; appeal is dismissed as the appointment was held illegal due to lack of eligible qualification.

Surya Prakash Pandey Vs State of U.P. and 5 Ors. — Education and Admissions | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 244 of 2016

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Appellant :- Surya Prakash Pandey Respondent :- State Of U.P. And 5 Ors. Counsel for Appellant :- Uma Nath Pandey,Alok Rai,Manish Goyal,Sr. Advocate Counsel for Respondent :- C.S.C.,Akhtar Ali,Vijay Kumar Ojha

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is before us to examine correctness of order dated 03.03.2016 passed by learned Single Bench dismissing the writ petition preferred by the appellantpetitioner in light of directions given by the Division Bench of this Court in the case of Vinod Kumar Upadhyay Vs. State of U.P. and others (Special Appeal No. 1875 of 2011) .

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Precisely the question involved in this appeal is that as to whether appellant-petitioner possess a qualification equivalent to Bachelors degree in education as required to hold the post of Assistant Teacher. The case of appellantpetitioner is that he is having a degree of Shiksha Alankar awarded by Rashtriya Patrachar Sansthan, Kanpur and that was submitted to the employer while seeking employment as Assistant Teacher. The employer by treating the said qualification possessed by the appellant-petitioner equivalent to Bachelors degree in education extended employment, which was subsequently came to be confirmed by a competent committee as per the provisions of U.P. Secondary Education Services Selection Board Act, 1982.

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On going through the petition for writ, documents annexed thereto and other pleadings, we do not find any order issued by the competent authority declaring the qualification of Shiksha Alankar equivalent to Bachelors degree in education. On asking learned counsel appearing on behalf of appellant-petitioner states that though there is no specific order to recognize the qualification aforesaid, as equivalent to Bachelors degree in education but there is no order also for de-recognition of that qualification as equivalent to the Bachelors degree in education.

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The argument advanced on behalf of appellant-petitioner is absolutely misconceived and frivolous. If no recognition is ever granted to the qualification of Shiksha Alankar as qualification equivalent to Bachelors degree in education then there is no question of recognition of the same.

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Admittedly, the appellant-petitioner is not possessing the qualification equivalent to Bachelors degree in education

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and therefore, he is not eligible to hold the post of Assistant Teacher. His appointment has rightly been declared as illegal by this Court and the order impugned as such does not require any interference. The appeal is dismissed .

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Order Date :- 8.8.2018 Prajapati

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[Chandra Dhari Singh, J] [Govind Mathur, J]

Surya Prakash Pandey v. State of U.P. and 5 Ors.

Case brief

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Surya Prakash Pandey v. State of U.P. and 5 Ors.

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