THE ALLAHABAD High Court today ruled that the one-year Advanced Training Certificate (ATC) was must for the post of vocational instructors (trade, theory, workshop, calculation etc) in the Industrial Training Institutes in Uttar Pradesh.
The court declared the Rule 8 of UP Industrial Training Institute (Instructor) 3rd Amendment Service Rule 2003, deleting the aforesaid provision, as ultra-virus of the Constitution.
Earlier, the qualification for being appointed as instructors in Industrial Training Institutes (ITIs) was Intermediate plus three years’ Diploma certificate from Government Industrial Training Institute. Later, under the direction of the Central government, the State government added Advanced Training Certificate to the qualification.
The Central government had directed state governments that after 1997, no appointment of instructors shall be made unless they possessed this one-year Advanced Training Certificate.
However, in 2003 the UP Government deleted this provision of higher qualification, which was challenged through a writ petition.
While declaring the aforesaid provision as ultra vires, the court said that this rule was violative of Article 16 of the Constitution, which provided equality before the law and right to equal opportunity in the matters of employment.
Allowing the writ petition filed by Upendra Narain Singh and several others, Justice Sunil Ambwani directed the State government to advertise, hold and complete the selection process of vocational instructors within a period of four months.
The petitioners were represented by their counsel AN Tripathi and others in the court proceedings. The court further directed that all those candidates, who had obtained higher teaching qualifications, as recommended by the Central government, shall also be considered for selection.
The court further made it clear that all those candidates, who were within the age limit on the last date of receiving applications in pursuance of advertisement i.e. August 20, 2003, shall also be eligible for selection.