B.P.Ed. Degree Is Not An Alternate Qualification Prescribed For B.T.C. For Appointment As Primary School Assistant Teacher: Allahabad HC
The Allahabad High Court held that the Bachelor of Physical Education (B.P.Ed.) degree does not serve as an alternate qualification prescribed for the Basic Training Certificate (B.T.C.) for the appointment of Assistant Teachers in Primary Schools.
The Court dismissed an appeal from a candidate with a B.P.Ed. degree appointed, along with two others, by the Committee of Management at Swami Vivekanand Inter College but the District Inspector disapproved of the selection.
The Bench comprising Justice Attau Rahman Masoodi and Justice Om Prakash Shukla noted, “the petitioner lacks essential qualification as prescribed under the Statute for appointment as Assistant teacher in the attached school of the Institution inasmuch as B.P.Ed. Degree is not an alternate qualification prescribed for B.T.C. etc., he cannot claim to be qualified”.
Advocate Yogendra Kumar Mishra appeared for the Appellant and Standing Counsel Anil Kumar Singh Visen appeared for the State.
The Appellant filed a Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952, challenging the dismissal of the Writ Petition. The original writ petition was dismissed because the Appellant lacked the essential qualifications for the position of Assistant Teacher in a primary school attached to Swami Vivekanand Inter College, Gonda. The Appellant's claim was based on a B.P.Ed. degree, which was not recognised as an alternate qualification to B.T.C. as per the relevant statute.
The Swami Vivekanand Inter College was a recognised and government-aided institution governed by the Intermediate Education Act, 1921, and the Uttar Pradesh High Schools and Intermediate Colleges (Payment and Selection of Teachers and other Employees) Act, 1971. The controversy arose when the Committee of Management, through advertisements in 2010, appointed the appellant and two others as Assistant Teachers. However, the District Inspector of Schools disapproved of the selection, leading to legal proceedings.
The Court observed that, a teacher with a B.P.Ed. degree is eligible for appointment as the Headmaster of a High School but not as the Principal of an Intermediate College. The Appellant, who holds a B.P.Ed. qualification had applied for the position of Assistant Teacher in a Primary School.
However, based on the case of Amal Kishore Singh v State of U.P. and others. [Special Appeal No. 1247 of 2012], the Court noted that the eligibility criteria mentioned earlier did not apply to the Appellant. Referring to the judgment in Amal Kishore Singh's case, the Court affirmed the District Inspector of Schools' decision, noting that the B.P.Ed. degree is not recognized for Primary Schools.
Consequently, the Court noted no reason to interfere with the impugned order passed by the learned Single Judge, which noted that the Appellant lacked the essential qualification prescribed for the Assistant Teacher position in the attached school of the Institution, as the B.P.Ed. degree was not an alternate qualification prescribed for B.T.C.
Accordingly, the Court dismissed the Appeal.
Cause Title: Rakesh Kumar v State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Andors (2024:AHC-LKO:1129-DB)
