The High Court Special Bench dismissed an appeal challenging the rejection of an applicant for a Home Science teaching position. The court held the applicant was ineligible due to lack of the specific required degree mentioned in U.P. education acts.
The appeal was dismissed; the order refusing the appellant's appointment was upheld.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 691 of 2017
Appellant :- Km. Sweta Srivastava Respondent :- State Of U.P. & 6 Others Counsel for Appellant :- Vishnu Gupta Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Indra Raj Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 12.10.2017 passed by learned single Bench in Writ - A No. 31876 of 2013. Learned single Bench under the order aforesaid, dismissed the petition for writ, while arriving at the conclusion that the appellant-petitioner is not eligible to be considered for appointment as teacher in the subject of Home Science to teach the classes of 9th and 10th standard.
In appeal, the only argument advanced by the learned counsel appearing on behalf of appellant is that as per eligibility prescribed under the Uttar Pradesh High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971, the appellant is entitled to be considered for appointment on the post in question.
On going through the record, we do not find any merit in the argument advanced.
As per the U.P. Intermediate Education, Act of 1921, the requirement is that for appointment on the post of trained graduate teacher in the subject of Home Science to teach the classes up to standard of 9th and 10th is required to have a degree of graduation in Home Science or Home Economics or Domestic Science or Home Arts. The provision aforesaid mentions specific terms about having trained graduate in the subject concerned. Admittedly, the appellant-petitioner is not possessing such training.
In view of it, learned single Bench rightly arrived at the conclusion that the appellant-petitioner is not eligible to be considered for appointment on the post of trained graduate teacher in the subject of Home Science. No interference is warranted in the order impugned passed by learned single Bench.
The appeal is dismissed .
Order Date :- 24.8.2018 Prajapati
[Chandra Dhari Singh, J] [Govind Mathur, J]
2 issues framed by the court
Whether an appellant lacking specific training in Home Science is eligible for appointment as a teacher in that subject under the relevant acts.
Whether the criteria for appointment as a trained graduate teacher in Home Science are met by the appellant.
2 provisions across 2 enactments
Km. Sweta Srivastava
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
