BPEd degree holder can’t be appointed as asst teacher : HC

LUCKNOW: The Lucknow bench of Allahabad high court has held that qualification for appointment of assistant teachers in primary schools is graduation plus BTC/HTC/CT or any other equivalent qualification. In case of non-availability of such trained candidate, a person with BEd degree can be appointed on the post, but in no case can a person with BPEd degree be appointed substituting the aforesaid degrees.
A bench of Justice Dinesh Kumar Singh dismissed a plea challenging the termination from service of an assistant teacher who was appointed on the basis of BPEd degree in an attached primary school in Gonda.
The bench said, “In primary section, children study in Class 1-5 and therefore teachers require such training to teach students. The legislature in its wisdom has prescribed the qualification for appointment of assistant teacher in the attached primary school, which does not include BPEd degree. It is also prescribed that only in absence of BTC candidates would candidates with BEd degree be considered for appointment.”
Interpreting provisions of the Intermediate Education Act 1921 and Uttar Pradesh High Schools and Intermediate Colleges (Payment and Selection of Teachers and other Employees) Act, 1971, the bench clarified that BPEd degree is not mentioned as one of the alternate qualifications and the court cannot substitute the statutory qualification.
The petitioner, who possessed a BPEd degree, was appointed as assistant teacher in primary school attached with Vivekanand Inter College, Gonda. The school terminated his services on October 20, 2014 and district inspector of schools, Gonda also upheld the order in 2016. The petitioner had challenged the order in 2017.