Uttaranchal High Court
Harkishan vs State Of Uttarakhand And Others on 26 November, 2015
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 2009 of 2011
Harikishan ... Petitioner
State of Uttarakhand & others ... Respondents
Mr. Harendra Belwal, Advocate, present for the petitioner.
Mr. B.P.S. Mer, learned Brief Holder, present for the State of the Uttarakhand/respondents.
Mr. D.S. Bohra, Advocate holding brief of Mr. Ravindra Singh Bisht, Advocate, present for
respondent No. 4.
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. The petitioner claims appointment as Shiksha Mitra in order to teach in elementary school in the State of Uttarakhand. All the same, after the enforcement of Right to Education known as "Right of Children to Free Compulsory Education Act, 2009" (hereinafter referred to as "Right to Education Act") and particularly after the declaration of certain guidelines framed by the nodal agency i.e. National Council for Teacher Education (hereinafter referred to as "NCTE") vide order dated 23.08.2010, under provision of Right to Education a detail guidelines for eligibility and appointment of teachers in elementary school have been given.
2. In short, the purpose and intention of the Parliamentary Legislation referred above as well as the subsequent notification by the nodal agency i.e. NCTE which states that the elementary education throughout the country should not only be compulsory but should be a meaningful education.
3. Since Right to Education has now become a Fundamental Right under Article 21A of the Constitution of India and after considering all these aspects the direction to the respondents to consider the petitioner for appointing as a Shiksha Mitra is not justified. Admittedly the petitioner does not have qualification of elementary teacher nor has he passed the qualifying examination known as "Teachers Eligibility Test". Therefore the relief sought by the petitioner cannot be granted to him at this stage.
4. In view of the above discussion, the writ petition has no merit and is hereby dismissed.
(Sudhanshu Dhulia, J.) 26.11.2015 Aswal
Source of Info : indiankanoon.org/doc/170981797/
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