जूनियर विज्ञान / गणित भर्ती में BSc(Ag), BSc(H.Sc) को सम्मिलित करने के सम्बन्ध में राज्य सरकार को दिए निर्णय लेने क निर्देश -

Court No. - 3

Case :- MISC. SINGLE No. - 148 of 2015

Petitioner :- Pooja Pandey
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Others
Counsel for Petitioner :- Aashish Srivastava
Counsel for Respondent :- C.S.C.,Jyoti Sikka

Hon'ble Rajan Roy,J.
None appears for the petitioner. Heard learned counsel for the opposite parties No.1,2 and 4.

The short question involved herein, is as to whether qualification of B.Sc. Agriculture or B.Sc. Home Science fulfills the requirement of Graduation with either Science or Maths as prescribed by the State Government vide Government Order dated 11.7.2013 as modified on 23.8.2013, for the purpose of appointment to the post of Assistant teacher Maths/Science or not?

The contention of the petitioner, relying upon the pronouncement of this Court in Niranjan Singh and others vs. State of U.P. And others reported in 2005(1) ESC 354 Alld, is, that B.Sc. Agriculture and B.Sc. Home Science fall within the Science category, therefore, there is no reason as to why the petitioner who possesses the qualification of B.Sc. (Home Science) should be excluded from zone of consideration for counselling/appointment to the post in question

The Niranjan Singh case (supra) refers to judgment dated 13.04.2004 passed in W.P. No.32309 of 2003, Kripa Shankar Dubey v. State of U.P. And others against which a special appeal bearing no. 975 of 2004 was filed which was said to be pending at the relevant time. The said special appeal has been decided and the judgment of the learned Single Judge in Kripa Shankar Dubey's case has been affirmed. The same view has been taken by another Division Bench while deciding a bunch of writ petitions relating to special BTC Course 2004, leading writ petition no.2214 of 2004 decided on 23.12.2009.

Learned State Counsel further informs the Court the clarification as contained in Annexure-3 to the writ petition, being relied upon by the petitioner, wherein, B.Sc. (Agriculture) B.Sc. (Home Science) and B.A.M.S. And B.U.M.S. have been held as included in the science category was, in fact, in the nature of guidelines issued by the Secretary, U.P. Basic Education Board, Allahabad and not by the State Government. As the said guideline was contrary to the Government Order dated 11.7.2013 as modified on 23.8.2013 as such in view of the directions/observations of the Court contained in the judgment dated 20.9.2013 passed in Writ Petition No.5348 (S/S) of 2013, the said guidelines were withdrawn. In this regard, he has placed before the Court the order dated 20.9.2013, referred to hereinabove, as also the subsequent order dated 30.9.2013, wherein, the factum of withdrawal of said guidelines has been recorded based on the statement made by Shri Sanjay Sinha, Secretary, Basic Education Board, U.P. Allahabad.

Based on the aforesaid letter, learned State Counsel submits that the claim of the petitioner so far as it is based on Annexure-3 to the writ petition, i.e., the guidelines is not sustainable. He further submits that as far as the case of Niranjan Singh is concerned, in that case as some of the seats pertaining to Special B.T.C. 2004 remained vacant, as such it was decided to include the candidates possessing qualification of B.Sc. (Agriculture) and B.Sc. (Home Science) in the science category and the judgment in the said case as upheld in Special Appeal has to be read and understood in the said context, therefore, the same is not applicable in the instant case.

Be as it may, the fact remains that the guidelines contained in Annexure-3 to the writ petition were withdrawn by the Secretary, Basic Education Board for the reason that the same was held by the Court to be contrary to the Government Order dated 23.8.2013, as is evident from the observations of this Court referred in Writ Petition No.5348 (S/S) of 2013. There is no dispute that it is the State Government which is the authority competent to prescribe the requisite qualification for appointment to the post of Assistant teacher Maths/Science subject of course to any provision contained in any legislative enactment, Central or State, which may be applicable in such matters. It is the State Government which has issued the Government Orders dated 11.7.2013 and 23.8.2013, therefore, it is for the State Government to look into the matter and take a considered decision as to whether the qualification of B.Sc. (Agriculture) and B.Sc. (Home Science) falls in the science category for the purposes of counselling/appointment on the post of Assistant teacher (Maths/Science) for the junior High School keeping in mind the requirements of teaching said subjects and relevant enactments of the legislature. Till date the State Government has not taken any such decision and none has been placed before the Court. Therefore, it is necessary that it should do so, so as to give a quietus to the entire controversy.

In view of the aforesaid, the opposite party is directed to take a considered decision in the matter in accordance with law within a period of one month from the date a certified copy of this judgment is produced before him. The decision so taken shall be communicated to the petitioner herein without further delay. Consequences shall follow accordingly. The entitlement of the petitioner for being considered for counselling/appointment on the post in question shall be dependent on the decision so taken.
The writ petition is disposed of in the aforesaid terms.

Order Date :- 29.1.2015
sc

---

Enter Your E-MAIL for Free Updates :