HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 33 of 2010 Km. Sushma Pandey and others. ……..Appellants Versus State of Uttarakhand and others. …….Respondents Mr. Ravi Babulkar, Advocate for the appellants. Mr. K. P. Uppadhyay, Addl. Chief Standing Counsel for the State/respondent nos. 1 & 2, Mr. Abhishek Verma, holding brief of Mr. Sudhir Singh, Advocate for respondent no.4. Dated: September 7, 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Barin Ghosh,C.J. (Oral) According to the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, the requisite qualification of a Mistress of a Nursery School is Certificate of Teaching (Nursery) from a recognized Training Institution situate in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto. 2. According to the petitioners, who have obtained training from Manav Bharti Teachers Training Institute, Dehradun, they have obtained Nursery Teachers Training Certificate. It has been contented that Manav Bharti Teachers Training Institute, Dehradun has been recognized by the National Council for Teacher’s Education. 2 3. While, Certificate of Teaching (Nursery) is appropriate academic qualification for appointment to the post of Mistress of Nursery Schools, Certificate of Teaching, appears to be the appropriate qualification for being appointed as Assistant Master and Assistant Mistress of Junior Basic Schools, in addition to Bachelors Degree in terms of the said Rules. The petitioners contend that the State of Uttar Pradesh, at one point of time, equated Certificate of Teaching (Nursery) with that of Basic Teachers Certificate, which is equivalent to Certificate of Teaching, in terms of the said Rules. In other words, the petitioners are accepting that the Certificate of Teaching, which is the recognized qualification for appointment of Assistant Master and Assistant Mistress of Junior Basic School, is different from the Certificate of Teaching (Nursery) required for appointment to the post of Mistress of Nursery Schools. Petitioners are contending that since Certificate of Teaching (Nursery) has been equated by the State Government as that of Basic Teachers Certificate, the petitioners, who have obtained Nursery Teacher’s Training Certificate-s i.e. Certificates of Teaching (Nursery), should be treated to have obtained certificates equivalent to Basic Teachers Certificates. 4. If a Certificate is issued to a person holding out that he is competent to teach in Nursery, the same would demonstrate that he had been imparted training to teach at Nursery. If that be so, in term thereof, it is certified that he has not been trained to teach beyond Nursery. Such a person, we fail to comprehend, how can be equated with a person certified to be competent to teach in Higher Classes. We, accordingly, do not accept 3 that the holder of a Certificate of Teaching (Nursery) can, under any circumstances, be equated with a person holding Basic Teacher Certificate or Junior Teacher Certificate or Certificate of Teaching, whereby and under the holder thereof has been certified to have been imparted training to teach students of Higher Classes. That being our view, we are not in a position to interfere with the judgment under appeal, inasmuch as, thereby it has been held that power to declare equivalence vests in the State proceeding on the basis that the equivalence of Certificate of Teaching (Nursery) with that of Basic Teachers Certificate, as was projected before us, was not an action of the State. 5. The appeal fails and the same is dismissed. (V.K. Bist, J.) (Barin Ghosh, C.J.) 07.09.2010 NCM: