MOALLIM 1997 (13th ORDER ) Court No. - 6 Case :- SERVICE SINGLE No. - 1781 of 2014 Petitioner :- Shamim Ali... Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors. Counsel for Petitioner :- Sagheer Hasan Counsel for Respondent :- C.S.C.,Neeraj Chaurasiya Honble Shabihul Hasnain,J. Heard Sri Sagheer Hasan, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Neeraj Chaurasiya, learned counsel appearing on behalf of District Basic Education Officer, Ambedkar Nagar. The Institution - Jamia Urdu, Aligarh was imparting a training course by the name of Moallim - E - Urdu. The said degree of Moallim - E - Urdu was treated equivalent to BTC in the State of U.P. The Government vide order dated 11.8.1997 withdrew the equivalence of Moallim - E - Urdu. The petitioner claims that he had already been admitted to the Moallim - E - Urdu Course prior to 11.8.1997 and had almost completed their training and the degree was issued in December 1997. According to learned counsel for the petitioner the petitioner cannot be made to suffer because of the withdrawal of equivalence on 11.8.1997 as he was already pursuing the course at that time. It is also submitted by learned counsel for the petitioner that at the time when the admissions was taken by petitioner the said training course was recognized and treated equivalent to BTC. In support of his submission reliance has been placed on number of decisions of the Apex Court that where any equivalence or recognition is withdrawn, the students who are already undergoing their course should not be made to suffer, however, any candidate taking admission after the date of withdrawal of the recognition or equivalence would not be entitled to any benefit. Admittedly, no orders have been passed by the Authorities rejecting the candidature of the petitioners who have applied for the post of Assistant Teachers (Urdu) for Primary Institutions. -2- Considering the facts and circumstances of the case, this petition is disposed of with liberty to the petitioner to approach the Principal Secretary, Basic Education, Government of U.P., Lucknow (respondent no.1) with a comprehensive representation, annexing all the relevant material in support of his claim and also a certified copy of this order, whereupon the said Authority shall take an appropriate decision strictly in accordance to law, within a period of six weeks from the date of submission of the representation and a certified copy of this order. Order Date :- 25.3.2014/RKM.
Posted on: Thu, 27 Mar 2014 11:25:54 +0000
Trending Topics
Recently Viewed Topics
© 2015