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1996 (10) TMI 530 - HC - Indian Laws

Issues involved:
The issue involves a writ petition seeking a mandamus to permit petitioners to appear in an interview for selection as Assistant Teachers. The petitioners have Bachelor of Education qualification and are seeking appointment as Assistant Teachers in primary schools.

Judgment Details:

Issue 1: Qualification for Teaching Positions
The court considered the difference between the training qualifications for teaching at different educational levels. It was highlighted that the training qualification for teaching children in primary school is B.T.C., while training for teaching at higher levels is B. Ed or L.T. The court emphasized that teaching small children requires a different expertise and knowledge of child psychology. The State of U.P. had not declared the qualifications possessed by the petitioners as equivalent to B.T.C., which is the essential qualification for appointment as Assistant Teachers in Junior Basic Schools in U.P. The court referred to the U.P. Basic Education (Teachers) Service Rules, 1981, which do not prescribe Bachelor of Education and L.T. as qualifications for Junior Basic Schools.

Issue 2: Classification of Teachers in Different Areas
The court addressed the argument that in Uttarakhand area, teachers with Bachelor of Education and L.T. qualifications are permitted to teach in Junior Basic Schools. It was held that this classification is reasonable, considering the special problems faced in hill areas compared to the plains. The court concluded that there was no violation of Article 14 as the hill areas have distinct conditions warranting different qualifications for teachers. Consequently, the writ petition and all connected writ petitions, except those related to hill areas, were dismissed.

 

 

 

 

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