Petitioners sought recognition of Nursery Training Certificate as equivalent qualification for Assistant Teacher posts in primary schools. Following the coordinate Bench judgment in Mala Yadav dated 16.02.2024 dismissing identical claims, the writ petition was dismissed.
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Neutral Citation No. - 2024:AHC-LKO:55443
Court No. - 7
Case :- WRIT - C No. - 1007421 of 2013
Petitioner :- Renu Devi And Others
Respondent :- State Of U.P. Thru Secy. Basic Education Deptt. And Others
Counsel for Petitioner :- Shashank Shekhr Parihar,Amrendra Nath Tripathi,Gopal Kumar Srivastava,Kamlesh Kumar,Meenakshi Singh,Piyush Mishra
Counsel for Respondent :- C.S.C.,Ajai Kumar Yadav,Lalit Shukla,Manish Mishra
Hon'ble Alok Mathur,J.
" 15. The issue before this Court for consideration is that whether "Nursery Training Certificate" is equivalent to "Diploma in Elementary Education" (by whatsoever name known) (as mentioned in NCTE notification dated 23.08.2010 as amended on 29.07.2011) and subsequent notification dated 12.09.2014 and whether it is also equivalent to "Basic Teachers Training Certificate" for purpose of minimum qualification for post of Assistant Teacher in primary school (class I to V) run by Basic Education Board?
16. The crux of argument of petitioners is that once NCTE, the appropriate Authority under National Council for Teachers Education (Amendment) Act, 2011, by a notification has provided minimum qualification in terms of Act of 2009, the same will govern irrespective of any minimum qualification prescribed for appointment on post of Assistant Teacher by of
any State.
17. In order to substantiate argument, learned Senior Advocate has referred various provisions of above referred Act, Rules and Circulars which do not require to elaborate since they have been considered by Division Bench of this Court in Harsh Kumar (supra), a judgment relied upon by petitioner.
18. Relevant part of Harsh Kumar (supra) has already been quoted in earlier part of this judgment and for disposal of this judgment, a general mandamus issued in Harsh Kumar (supra) is repeated hereinafter -:
" 14. In the circumstances, the special appeals would have to be allowed and are, accordingly, allowed. The impugned judgment and order of the learned Single Judge dated 14 November 2013 is set aside. A mandamus would, accordingly, issue directing the State to permit the appellants and such other persons who claim to be holding the qualifications which are within the purview of the notification issued by the NCTE on 23 August 2010, as amended on 29 July 2011, to apply for the post of Assistant Teachers for Classes I to V which was the subject matter of the advertisement in question.
15. Since the Court is informed that the process of counseling is still to commence, we direct the State Government to act in accordance with the aforesaid direction in processing and completing the selection process.
16. We clarify that the issue as to whether the appellants hold the qualifications strictly in accordance with the notification issued by the NCTE has not been decided by us since that is a matter of verification by the authority concerned."
19. The above mandamus was that the essential qualification given in Notification dated 23.08.2010 as amended by Notification dated 27.08.2011 be applied in selection process in question subject to verification whether candidate possesses qualification in terms of notification, therefore, there was no occasion for Division Bench to consider whether "Nursery Training Certificate" would be a minimum qualification equivalent to BTC Course?
20. The above issue was later on considered by another Division Bench of this Court in Uttar Pradesh Basic Shiksha Parishad (supra) wherein Harsh Kumar (supra) as well as a subsequent notification dated 12.11.2014 issued by NCTE was also considered. As well as stand of NCTE was also heard.
21. The Division Bench in Uttar Pradesh Basic Shiksha Parishad (supra) has thereafter arrived to a considered opinion that -:
" i. "Nursery Training Programme" as mentioned in the
Government Order dated 30.06.2010 is not at all recognized under Appendix I or II of NCTE (Recognitions Norms and Procedure) Regulations, 2009. N.T.T. Course is recognized as per Appendix-4 of Regulations, 2009 meant for early childhood education.
ii. Early Childhood Education (ECE) is for pre-school and class I and II of primary education only.
iii. Elementary Training Education Programme aims of preparing teachers for elementary stage of education i.e. class I to VI/VII.
iv. Basic Shiksha Parishad of State of U.P. does not accord recognition to any nursery school to run additionally class I and II. There are three categories of institutions (i) Nursery School (ii) Junior Basic School (iii) Senior Basic School. Petitioners-opposite parties can be at the best appointed in Nursery School but they cannot be appointed in Junior Basic School/Senior Basic School.
v. Once N.T.T. Course as per the petitioners-opposite parties is designed for children in the age group of 4-6 followed by first 2 years in the formal school i.e. of children in the age group of 6- 8 years, then the said course in question cannot be carried forward even to the students of Class III to V as it would be going beyond the N.T.T. course that has been designed." "
Order Date :- 9.8.2024 A. Verma
(Alok Mathur, J.)
Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether Nursery Training Certificate holders qualify as Assistant Teachers in primary schools run by the Basic Education Board.
Colour shows how this judgement treated each authority
Mala Yadav and 10 Others Vs. State of U.P. and 4 OthersRelied on
Mala Yadav and 10 Others Vs. State of U.P. and 4 Others - Writ - A No. 40447 of 2014
Renu Devi And Others
State Of U.P. Thru Secy. Basic Education Deptt.
Others
Alok Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
