UPTET : Allahabad Highcourt - TET as Mandatory Qualification and No Relaxation from it to become Teacher, Order dated 18th April 2013
UPTET : Allahabad Highcourt - TET as Mandatory Qualification and No Relaxation from it to become Teacher, Order dated 18th April 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- MISC. SINGLE No. - 2321 of 2013
Petitioner :- Gopi Nath Tiwari & Others
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education U.P. & Others
Petitioner Counsel :- Ashish Kumar Singh
Respondent Counsel :- C.S.C.,Vindhyawashini Kumar
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for petitioner as well as learned Standing Counsel
and Mr. Vindhyawashini Kumar, learned counsel for opposite party no.
3.
The writ
petition has been filed seeking suitable order or direction to opposite
party no. 3 to consider the candidature of petitioners for the post of
Assistant Teacher without there being any requirement of passing Teachers Eligibility Test (hereinafter referred to as the TET).
Learned counsel for petitioners submits that the petitioners being
ex-army personnel were admitted in B.T.C. Training Course, 2004. The
petitioners have passed the B.T.C. Examination in 2012, however, at the
time of admission in B.T.C. Course, there was no such requirement for
passing TET, as such, petitioners cannot be required to have the
qualification of TET for consideration for appointment on the post of
Assistant Teacher in primary schools.
It
is also submitted that the post of Assistant Teacher primary is to be
filled up as per the provisions of Uttar Pradesh Basic Shiksha (Adhypak)
Sewa Niyamawali, 1981, particularly, Rule 18 which itself provide that
essential qualification would be as per the qualification prescribed at
the time of admission in the training course.
Submission is that since at the time of admission to B.T.C. Training in 2004 there was no requirement of passing TET as such the same cannot be made applicable to the petitioners.
It is also submitted by the learned counsel for petitioners that
similarly situated 20 persons have been given appointment on the post of
Assistant Teacher primary schools without insisting for the requirement
of passing TET, as such, it amounts to hostile discrimination.
Learned Standing Counsel on the other hand submitted that the
qualification for the post of Assistant Teacher primary school is to be
considered at the time of issuance of the advertisement and merely
because the petitioners were admitted in B.T.C. training in 2004 do not
entitle them to be considered for appointment on the post in question
without having the qualification of passing TET.
It is further submitted that NCTE vide notification dated 23.8.2010 had introduced the requirement of passing TET for
appointment on the post of Assistant Teacher. The said requirement has
been made applicable in the State of Uttar Pradesh from the year 2011
and in all the appointments on the post of Assistant Teacher made
thereafter the candidate was required to possess the qualification of
passing TET.
It
is also submitted that the petitioners have not passed the B.T.C.Course
prior to 2010 as such in any case they can be considered for
appointment on the post of Assistant Teacher only after passing B.T.C.
training. Since petitioners have passed B.T.C. training in the year 2012
as such they are required to pass TET.
I have considered the submissions made by parties counsel.
The petitioners were admitted in B.T.C. Training Course in the year
2004, however, they have passed the said course in the year 2012. The
NCTE vide notification dated 23.8.2010 had introduced the requirement of
passing TET for appointment on the post of Assistant Teacher. The post
of Assistant Teacher primary schools on which the petitioners claim
appointments were advertised in the year 2012. The petitioners had
obtained the qualification of B.T.C. in the year 2012. They had become
eligible to the post of Assistant Teacher primary only in the year 2012,
as such, since at the time of becoming eligible for the post in
question there was also requirement of passing TET, therefore, I
am of the considered opinion that the petitioners cannot be exempted
from having the required qualification of passing TET for being eligible
for consideration on the post of Assistant Teacher primary.
So
far as appointment of 20 persons vide order dated 26.6.2011 is
concerned, the learned Standing Counsel has informed on the basis of
instructions that the said appointments were made prior to enforcement
of the requirement of passing TET,
as such, petitioners cannot claim parity or similarity with such
persons, who have been given appointments vide letter dated 26.6.2011.
It
is also to be noted that Rule 18 of the Uttar Pradesh Basic Shiksha
(Adhypak) Sewa Niyamawali, 1981 is to be read along with notification
dated 23.8.2010 of the NCTE for the purpose of essential qualification
for the post of Assistant Teacher Junior Basic Schools, as such, I am of
the view that the essential qualification required for the post in
question shall be of possessing B.T.C. certificate and having passed TET.
In this view of the matter, the prayer made in the writ petition cannot be granted in the facts and circumstances of the case.
The writ petition being devoid of merit is dismissed.
Order Date :- 18.4.2013
Prajapati
posted by Ravinder @ 2:48 AM
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