IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 11 of 2007 (S/S) Mala Kharayat D/o Sri Puran Singh Kharayat R/o Village and Post Mar Pithoragarh, District Pithoragarh. ….....Petitioner. Versus 1. State of Uttaranchal through the Director of Education Uttaranchal, Dehradun. 2. Additional Director of Education Kumaon Mandal, Nainital. 3. Regional Director National Council for Teachers Education Northern Regional Committee A-46 Shanti Path Tilak Nagar Jaipur, Rajasthan. 4. Registrar Barkatullaha University Bhopal (formerly Bhopal University). ……….Respondents. Shri K.N. Joshi, learned counsel for the petitioner. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to give appointment to the petitioner on the post of Assistant Teacher L.T. Grade (English) in pursuance to the advertisement dated 07.08.2006. A further mandamus has been sought to treat the B.Ed. (Basic) degree equivalent to B.Ed. 2 degree, recognised by National Council of Teachers Education (herein after referred as N.C.T.E.). 2. Heard learned counsel for the parties. 3. Brief facts of the case are that the petitioner is fully qualified to be appointed on the post of Assistant Teacher L.T. Grade (English) in State of Uttarakhand, as she possesses all necessary essential qualifications. Annexures filed to the writ petition show that the petitioner passed her Central Board of Secretary Education in the year 1995, and Senior School Certificate Examination in the year 1997. Thereafter, the petitioner joined Rani Durgavati Vishwavidyalaya Jabalpur, and passed her Bachelor of Arts examination in the year 2000 with second division. She completed her Master of Arts degree in the year 2002, again with second division. Thereafter, the petitioner got admission in B.Ed course in Barkatullah University, Bhopal (formerly known as Bhopal University, Bhopal). She passed B.Ed. with 401 marks out of 700 in theory and 370 marks out of 400 in the practical. It is stated in the writ petition that in pursuance to the advertisement dated 07.08.2006, issued by office of Director of School Education, Dehradun, petitioner applied for the post of Assistant Teacher L.T. Grade (English). It is alleged by the petitioner that the petitioner obtained quality points 90.20. It is further alleged 3 that the candidates having less quality points were selected for the post. When the petitioner approached the respondents making inquiry as to why her name was left out, she was told that B.Ed. (Basic) is not equivalent to the B.Ed degree. It is pleaded by the petitioner that B.Ed (Basic) is no separate degree from the B.Ed. as both are recognised by N.C.T.E. Alleging that the petitioner has wrongly been discriminated in violation of Article 16 (4) of Constitution of India, this writ petition is filed. 4. The respondents No. 1 and 2, were served with the notices but no counter affidavit is filed on their behalf. 5. Learned counsel for the petitioner submitted that the petitioner holds valid and recognised B.Ed. degree from the recognised university and respondents No. 1 and 2, have discriminated the petitioner wrongly by depriving her of the appointment to which she was entitled. In support of his contention, learned counsel for the petitioner drew attention of this Court to copy of degree filed with the interim relief application, which shows that the petitioner holds degree of Bachelor of Education from Barkatullah University, Bhopal, which she passed in the year 2004. Since no counter affidavit is filed on behalf of the respondents, denying the fact 4 that the degree of B.Ed. held by the petitioner is the recognised degree, this Court prima facie finds that petitioner has a case for consideration of her candidature for the appointment to the post of Assistant Teacher in English, particularly in view of the fact that another averment made in the affidavit filed with the writ petition remains un-controverted that the candidates having less quality points have been given appointments. 6. In the above circumstances, for the reasons as discussed above, this writ petition is disposed of with the direction that the petitioner may make a representation within a period of 15 days from today to the Director of School Education, Uttarakhand, to consider her case for appointment to the post of Assistant Teacher (English) in L.T. grade. The said authority, within a period of three months thereafter shall decide the representation and pass appropriate orders in the light of the observation made above. (Prafulla C. Pant, J.) Dt. 11.08.2008 Sweta 5