Court No. - 32 Case :- SPECIAL APPEAL No. - 1128 of 2010 Petitioner :- Naresh Singh Chauhan Respondent :- State Of U.P. & Others Petitioner Counsel :- Dinesh Pathak Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The present special appeal has been filed against the judgment and
order dated 19.5.2010 passed by the learned single Judge whereby
the writ petition preferred by the present appellant has been dismissed.
The appellant has obtained a B.Ed. degree through correspondence
course. He wanted appointment as an Assistant teacher in a
recognised Junior High School. His candidature has been rejected on
the ground that in view of the amended provisions of Uttar Pradesh
Recognized Basic School (Junior High Schools) (Recruitment and
Conditions of Service of Teachers) (Fifth Amendment) Rules, 2008,
only candidates who have obtained a regular B.Ed. degree are eligible.
The appellant having not obtained a regular B.Ed. degree instead
having obtained the B.Ed. degree by correspondence course is clearly
ineligible under the service Rules.There is also no challenge to Rule
4(2) of the Rules, 2008 before the learned single Judge.
That being the position, we are of the considered opinion that the order
passed by the learned single Judge does not suffer from any legal
infirmity.
In the result, the appeal fails and is dismissed.
Order Date :- 22.7.2010
AM/-