Court No. - 32 Case :- SPECIAL APPEAL No. - 1453 of 2007 Petitioner :- State Of U.P. & Others Respondent :- Abulais Khan Petitioner Counsel :- K.S. Kushwaha Respondent Counsel :- N.A. Khan Hon'ble R.K. Agrawal,J.
Hon’ble Anil Kumar,J.
By means of the present Special Appeal , the judgement and order
dated 14.9.2007 passed by Hon’ble Mr. Justice Arun Tandon in Writ Petition
No. 61459 of 2006, Mohd. Abulais Khan Vs. State of U.P. is under challenge.
We have heard the learned counsel for the parties and perused the
record.
The controversy involved in the present case is that the State of U.P. On
26.2.2005 had taken a decision to conduct two years Special B.T.C. Training
Urdu, for appointment of Assistant Teachers Urdu against 3000 posts lying
vacant in various institutions situated throughout the State of U.P. Under the
control of Basic Shiksha Parishad U.P. Allahabad.
For the said purpose, an advertisement was published by various
District Authorities of the State of U.P. Inviting applications from the
prospective candidates for being enrolled for admission to Special B.T.C.
Training Course. The qualification prescribed for being admitted to the said
course, where prescribed as graduate , with Urdu as one of the Subject in
Intermediate and High School Examination or a graduate degree from
recognized University established by law in India with High School and
Intermediate without Urdu but having passed the said examinations in Urdu as
additional subject or any other examination in Urdu declared equivalent
thereto.
The said advertisement was challenged by the respondent-appellant .
The grounds of challenge are summarized in nut shell as under:-
“(a) Qualified teachers are available for appointment
against the existing vacancies and therefore the process of
direct recruitment through Special B.T.C. Training Course
2(Urdu) as initiated under the advertisement is totally uncalled
for.
(b) the qualification mentioned in the advertisement for
being admitted to special B.T.C. Training Course Urdu and
thereafter appointment as Urdu Teachers are contrary to the
statutory provisions regulating the appointment of Urdu
Teachers in the institutions established by the Basic Shiksha
Parishad U.P. Allahabad namely, U.P. Basic Education
Teachers ( Service) Rules, 1978.
(c ) Persons ( like some of the petitioners) , who are
graduate with Urdu but had passed High School and
Intermediate Examinations without Urdu as one of the
subject, cannot apply in pursuance to the said advertisement ,
which according to petitioners is legally not sustainable in
view of statutory Rules of 1978.
(d) Degree of Adhikari from Gurukul Vishwavidyalaya ,
Vrindavan, which is claimed to be equivalent to graduation
and therefore such candidates must also be permitted to apply
for the Special B.T.C. Course, have been denied.
(e) Certificate of Munshi obtained from Arabi Farsi
Madarsa Board cannot be treated to be equivalent to High
School and therefore the stipulation to that effect as
mentioned in the advertisement is illegal.
(f) The certificates of Darul Ulum and Nawatul Ulum
from Lucknow should be treated to be an equivalent
qualification for applying for admission to the Special B.T.C.
Course Urdu the issue whereof is already under challenge
before this Court.
(g) Holder of Diploma in Teacher’s education from
Aligarh Muslim University , is equivalent to B.T.C. as per the
Government Order dated 26.9.1994 as also in view of the
Judgment dated 17.1.2006 passed in Writ Petition no. 32760
of 2001 and therefore they challenged the advertisement on
the ground that persons like the petitioners are entitled to be
appointed against the post of Assistant Teachers Urdu
available in recognized institutions before any process for
Special B.T.C. Training Course could be started.
Further after exchange of pleadings between the parties by means of
the judgement and order dated 14.9.2007, learned Single Judge disposed of the
the matter in controversy alongwith connected matters with certain directions
in which identical and similar dispute was involved.
3
Aggrieved by the said order dated 14.9.2007 passed by learned Single
Judge, the present Special Appeals have been filed by the State of U.P. and
others.
At the outset , it is mentioned at the bar that the controversy which is
involved in the present special appeal, is squarely covered by the Judgment
and order dated 28.11.2007 passed in Special Appeal no. 1330 of 2007, State
of U.P. and others Vs. Km. Sunbul Naqvi, allowed with the following
directions:-
” Para-16. We have considered these submission of both
the learned counsel. The material on record clearly shows that
there is a serious backlog as far as imparting the primary
education through Urdu is concerned, more than 25500 schools
require Urdu teachers. The Training Schools, which were set up
for providing training and were existing at places like
Varanasi, Lucknow , Agra and Meerut have been closed down
from 1997-98. A reference is also made to the Sachher
Committee Report on Minorities. The primary education is a
concern of the State Government and of the Society at large. All
that the State Government has done is to make training
available to certain number of candidates , who will have this
additional qualification. It cannot be said to be a diversion or
denial of opportunity to the others . Similarly, as far as the
requirement of clearance from NCTE is concerned, inasmuch as
Urdu was also a subject sanctioned and the course , which is to
be imparted is one and the same the NCTE itself has stated in
its letter that no separate clearance was required. There is a
clear error on the part of the learned Single Judge in
understanding the contents of the correspondence. It is also
material to note that the State Government has amended the
U.P. Basic Education ( Teachers) Services Rules, 1981 and has
included Special BTC Urdu as one of the permissible
qualification.
Para-17. In this connection, we cannot ignore that it is
the mandate of the Constitution under Article 350A, that every
State and every local authority has to make an endeavour to
provide adequate facilities for instructions in the mother tongue
at the primary level of education to the children belonging to
linguistic minority groups . Now, the Constitution has been
further amended by inserting Article 21A , that the State shall
provide free and compulsory education to all children of the
4age of six to fourteen years in such manner as the State may,
be law, determine. The State has made arrangement to provide
training to make available primary teachers, who will teach
through Urdu Medium. The Scheme made by the State
Government will have to be looked at in the light of these two
Articles now.
Para-18. In the circumstances, the appeal will have to be
allowed. All these observations of the learned Single Judge and
his findings will have to be set aside and they are hereby set
aside. The State Government will be permitted to proceed to
complete the course of earlier batches and to proceed with the
3rd batch for which the advertisement has been given on
10.9.2006. It will be open to the State Government to proceed to
declare the results of the earlier batches and continue the
training programme.”
In view of the above said facts, the appellant is also entitled for the
same relief as given by order dated 28.11.2007 passed in Special Appeal No.
1330 of 2007.
For the foregoing reasons, the present Special Appeal is allowed in term
of the judgement and order 28.11.2007 passed in Special Appeal no. 1330 of
2007, State of U.P. and others Vs. Km. Sumbul Naqvi.
Order Date :- 7.7.2010
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