Allahabad HC upholds govt order mandating minimum qualifications to appoint assistant teachers

Prayagraj, Nov 3 (PTI) The Allahabad High Court upheld the validity of a government order which mandates that the minimum eligibility qualifications for the post of assistant teacher of a recognised junior high school shall have a graduation degree from a university recognised by the University Grants Commission (UGC) and a teachers training course recognised by the state government or National Council for Teacher Education (NCTE).

The above observation was made by a two-judge bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra on a special appeal filed by the state government challenging the order dated September 24, 2024 whereby a single judge of the court had allowed a writ petition filed by Yashank Khandelwal and nine others and had quashed clause 4 of the government order dated September 9 of the same year.

Clause 4 of the government order dated September 9, 2024 mandates minimum eligibility qualifications for the post of assistant teacher of a recognised junior high school.

The writ petition was preferred for issuing direction to the respondent authorities to permit the petitioners and other candidates for admission to two-year diploma in elementary education with eligibility criteria for admission with intermediate certificate examination or equivalent qualification examination possessed by them in the District Institute of Education and Training (DIET) and with a further prayer for quashing of the impugned government order so far as it prescribes the eligibility criterion of having pass a graduation course for admission in two-year Basic Training Certificate (BTC) training course.

The writ petition was allowed by a single judge of the court who quashed clause 4 of the government order and directed the state appellants to permit the respondents to participate in the admission process for the training course.

After hearing the parties, the division bench observed that from perusal of various rules and provisions at first instance, it appears to be meant for appointment of assistant teachers in basic schools, 'training' itself has been given due weightage and the intention of law is that even for a training course recognised by the government or any training qualification notified by NCTE to teach children from Class I to VIII, it is the graduates who are eligible for appointment.

"Therefore, if the State Government, in every Government Order, right from 1998 till today, has prescribed graduation as minimum qualification for taking admission in B.T.C./D.El.Ed. course, the same being in consonance with the Rules of 1981 and not said to be an arbitrary provision," the court added.

With above observations, the impugned judgment and order dated September 24, 2024 passed by the single judge was set aside and the writ petition filed by the respondents was dismissed. PTI COR RAJ KSS KSS