U/ffmL’ / IN THE HIGH COURT OF CHHA'ITISGARH AT BILASPUR WVP.(s. )NOV 51‘2/1” /2oo7 PETITIONER : / Sunil Kumar Pandey éylgt V s/o— Bihari Pandey, 37 years, \\>(§\/" ‘ )‘ p)”. ........... Assistant Teacher / Govt. Higher Secondary School Lohandiguda Distt. Bastar (C.G.) WRIT PETITION UzA 22/6 OF THE CONSTITUTION OF INDIA x‘eséf: .... «$6 " Lohandiguda, Distt- Bastar (C.G.) VERSUS RESPONDENTS: State of Chhattisgarh Through: The Secretary Department of SC & ST Welfare Mantralaya D‘K.S. Bhawan Raipur Distt. Raipur (C.G.) /2) The Commissioner SC & ST Welfare Department Raipur (C.G.) 3) The Principal ® HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (5) Ne. 924 of 2007 Pe'rifioner‘ : Sunil Kumar Faraday Versus Respondems Sfa'i’e of Chha%‘fisgarh & o'fhers Single Bench: Hon'ble Mr. Jusfice Sufish K. Agnihwh-i. Mr. Prafull Bhamt, Advocate for The PeTiTioner. Ms. Deepali Pundey, Pane! Lawyer for 1112 STafe/Fesponden'l’s. o R D E R gassed on ms 19*“ Day of February, 2007) Learned counsel appearing for The pe'mioner submits fha'l‘ 'rhe pe‘ti'rioner was gran'l'ed fwo annual advanced increments far- obfaining D.Ed. Examination Cerfifica're 'vide order dared 26.2.2005. Thereafi'er, ‘rhe Same has been withdrawn vide order da'red 2.6.2005. This Courm‘ while dealing wifh fhe eligibili'ry of Assismnf Teachers who have obfained D.Ed. Examination Cer‘rifica'l'es in The course of rheir services a? his own expenses has come to the conclusion that D.Ed. certificate is equalant to B.TI. This case is squarely covered by the decision of this Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, Dung and another (2006 (Ii) MPJR-CG 96}. This Court in the case of Yashwant Kumar Bharadwaj Vs. Municipal Corporation, burg and another (Supra), came to the conclusion that the teachers, who had obtained B. Ed./B.T.I. Examination Certificate on their own expenses, are covered by fhe circular dafed 24.12.98 issued by ’rhe 51'a‘i’e Governmen‘i' of Madhya Pradesh. In subsequenf cases, i.e., Wri‘f Pe'rifion (5.) No.4130 of 2005 (6apesf: Kumar, Var-ma vs. The 5fafe 60W: of Khhaffisgarh and anofher) and ofher connecfed ma‘Hers, decided by fhis Court on 15-12-2006, pursuanf 1'0 ‘l'he memo da'fed 28-1—1995, issued by 'rhe Secrefary, Board of Secondary Educc'rion, Bhopal and The prospecfus of Diploma in Educafion Exomino'fion/i-r was clarified fhai' fhe nomenclafure of fhe Basic Training Insfi‘ru're, i.e., B.T.I. has been changed and renamed as Diploma in Educai'ion' i.e., D.Ed. Accordingly, The D.Ed. Cer'fi‘fical'e holders are also covered by lhe decision in Wri‘i’ Pefi‘l’ion (5.) No.4130 of 2005 (Wsn k'umar Venma vs. The 5fafe éovf: of Chhaffisgarh and anafher) (Supra). Learned counsel for 1412 pefh‘ioner fur‘i'her submits lha'i' ihe facts and quesfion of law involved in The presem‘ case is squarely covered by decision of 1‘nis Cour? in fhe case of Yoshwan'f Kumar Bharadwoj Vs. Municipal Corpora'i'ion, burg and ana‘fher (Supra), lo which learned counsel appearing for fhe respondenfs fairly concedes and agrees wifh fhe avermenf made by learned counsel appearing for fhe pe'ri'lioners. accordingly, fhe wrif pefifion is allowed in ferms of The order passed in The case of Vashwanf Kumor Bhoradwaj Vs. Municipal Corporation, Dung and another (Supra), subjecf fo verifica'iion of The faci' as fo whefher fhe pefifioner has acquired D. Ed. Examinafion QC/x