HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 7682 of 2016
Petitioner :- Kuldeep Singh And Another
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Arvind Srivastava,Ashok Kumar Dubey
Counsel for Respondent :- C.S.C.,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Learned Standing Counsel appears for the respondent no.1. Sri Rajiv Joshi, learned counsel has accepted notice on behalf of respondent no.2.
It is contended on behalf of the petitioners that they did their two years regular B.T.C. course from a recognized institution. The respondents illegally permitted the candidates who did their two years B.T.C. course from Distance Education from an institution which is not a recognized institution.
Learned counsel for the petitioners has drawn the attention of the Court to the Appendix-9 of the NCTE Regulations, 2014 which has been published in the Gazette of India, wherein the eligibility of the institutions has been laid down in the following terms:
"Appendix-9
Norms and standards for diploma in elementary education programme through Open and Distance Learning System leading to Diploma in Elementary Education (D.El.Ed)
2. Eligibility of Institutions and Territorial Jurisdiction
2.1 Eligibility of Institutions
The institutions or academic units specially established for offering ODL programmes like the National Open University, State Open Universities and the Directorates/ School of Open and Distance Learning in UGC-recognized Universities, Open Schools, SCERTs shall be eligible to offer teacher education porgrammes. (The Deemed to be Universities, Agricultural, Technical or allied Universities, which specialize in a field other than teacher education and other discipline specific Universities/Institutions are not eligible to offer teacher education programme through ODL)."
It is urged by the learned counsel for the petitioners that the respondents have completed their training imparted by SCERT which is not a competent body in terms of Appendix-9 as mentioned above, therefore, they are not the Assistant Teacher in terms of the definition of the Regulations.
Matter needs consideration.
Issue notice to the respondents no.5, 6 & 7, returnable on 28th April, 2016. Notice shall be sent by speed post.
Steps be taken within ten days.
Notice will indicate that the respondents may file their counter affidavit on or before the next date of listing.
Learned counsel for the N.C.T.E. may file counter affidavit by the next date of listing. Learned Standing Counsel may also file counter affidavit within the same period.
List on 28th April, 2016.
The appointment of the respondents shall abide by the result of the writ petition.
Order Date :- 14.3.2016
S.Sharma
