UPTET : Allahabad Highcourt Judgments in the month of December 2011 regarding TET (Teacher Eligibility Test) in UP

UPTET : Allahabad Highcourt Judgments in the month of December 2011 regarding TET (Teacher Eligibility Test) in UP

HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7

Case :- WRIT - A No. - 74386 of 2011

Petitioner :- Lok Nath Tripathi
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Ravi Shankar Prasad

Hon'ble Dilip Gupta,J.
The petitioner was appointed as a Shiksha Mitra in the year 2008. This petition has been filed claiming the following reliefs:- "(i) issue writ, order or direction in the nature of certiorari call for the records and set-aside the upper age limit to the extent it relates to working Shiksha Mitra (Annexure No.7 to the writ petition). (ii) issue writ, order or direction in the nature of mandamus commanding the respondents to enhance the upper age limit up to 45 years for working Shiksha Mitra in Primary School run and managed by respondent no.4 like other reserved category candidates."
Annexure-9 (wrongly mentioned as Annexure-7 to the writ petition) is the advertisement dated 22nd September, 2011 issued by the Secretary, Board of High School and Intermediate Education regarding the holding of the Teachers Eligibility Test. It prescribes the maximum age limit for appointment as an Assistant Teacher as 40 years. The petitioner is aged about 43 years. The submission of learned counsel for the petitioner is that since he has been working as a Shiksha Mitra, the age may be relaxed in his case.
It is not possible to accept the contention of learned counsel for the petitioner. It was for the authority to prescribe the age and the petitioner cannot insist that the age should be relaxed in his case because he had been working as a Shiksha Mitra for the last three years. The petition is, accordingly, dismissed. Order Date :- 20.12.2011
NSC ***************************************
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 24

Case :- MISC. SINGLE No. - 7637 of 2011

Petitioner :- Dharmendra Kumar Singh
Respondent :- State Of U.P. Through Secy. Madhyamik Shiksha And Ors.
Petitioner Counsel :- Jai Pal Singh
Respondent Counsel :- C.S.C.

Hon'ble Rajiv Sharma,J.
Heard Mr. Jai Pal Singh, learned Counsel for the petitioner and Mr. Vinay Bhushan, learned Standing Counsel.
Learned Counsel for the petitioner submits that after completion of B.Ed., the petitioner applied for Teacher Eligibility Test which was held on 13.11.2011. The petitioner's result has been declared on the Internet as 'ABS' which means 'Absent', whereas he appeared in the said test. The last date for submission of applications for Teachers Training is 19.12.2011 and due to non-declaration of result, the petitioner is suffering a lot. Being aggrieved, he moved representations� to the authorities concerned for declaring his result, but no action has been taken.
After arguing the matter at length, learned Counsel for the petitioner submits that interest of justice would suffice, if the opposite parties are directed to decide the representations, expeditiously, to which learned Standing Counsel has no objection.
Accordingly, the authority concerned is directed to look into the matter and pass appropriate orders on the representations, in accordance with law, expeditiously.
The writ petition stands disposed of finally in above terms. Order Date :- 15.12.2011



lakshman
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7

Case :- WRIT - A No. - 74713 of 2011

Petitioner :- Pushp Lata Singh
Respondent :- State Of U.P. And Anr.
Petitioner Counsel :- Rakesh Prasad
Respondent Counsel :- C.S.C.

Hon'ble Dilip Gupta,J.
The petitioner had submitted an application for appointment on the post of Assistant Teacher in Primary School after having cleared the U.P. Teachers Eligibility Test pursuant to the advertisement issued by the U.P. Basic Shiksha Parishad, Allahabad.
It is stated by learned counsel for the petitioner that the petitioner cannot submit the application form as she does not have the B.Ed. Degree.
The petitioner has not enclosed the advertisement nor she submitted the application form. The petition is premature as the last date for submission of the application form is stated to be 9th January, 2012.
The petition is, accordingly, dismissed.
Order Date :- 22.12.2011
NSC
*********************************
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7

Case :- WRIT - A No. - 74751 of 2011

Petitioner :- Shashi Chaudhary And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- R.K. Pandey
Respondent Counsel :- C.S.C.,Ghanshyam Maurya,R.K. Pandey

Hon'ble Dilip Gupta,J.
This petition has been filed by persons who have undergone the Basic Teacher Certificate Course-2008 for a direction upon the respondents to forthwith grant appointment to the petitioners as Assistant Teachers in Elementary Schools run by the Board of Basic Education U.P. Allahabad without requiring the petitioners to pass the U.P. Teachers Eligibility Test conducted by the Board of High School and Intermediate Education as a condition for grant of appointment to the petitioners as Assistant Teachers.
The controversy involved in this petition has been decided against the petitioners in Writ Petition No.59542 of 2011 (Ravi Prakash & Ors. Vs. State of U.P. & Ors.) decided on 11th November, 2011.
Thus, for the reasons mentioned in the aforesaid judgment and order dated 11th November, 2011, this petition deserves to be dismissed and is, accordingly, dismissed.
Order Date :- 22.12.2011
GS
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.7
Civil Misc. Writ Petition No.73669 of 2011
Vinod Kumar & Ors.
Vs.
State of U.P. & Ors.
~~~~~~~
Hon'ble Dilip Gupta, J.

The petitioners, who possess the Diploma in Physical Education (hereinafter referred to as the ''D.P.Ed'), have filed this petition with the following reliefs:- "(A.) Issue a writ order or direction in the nature of Mandamus directing the respondent authorities to consider creating post of Assistant Teachers/Teachers in the Junior High Schools of the State Government and make Training Course of "diploma in Physical Education" as employment oriented Training course.

(B) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to provide/absorb all the petitioners in employment in Junior High School of the State Government."

It is seen that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the Notification dated 31st March, 2010 issued by the Government of India, the NCTE issued the Notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Intermediate Education Board, which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons with B.P.Ed./D.P.Ed. have not been included. They cannot, therefore, appear in the test. The petitioners, who have obtained D.P.Ed. stand excluded from appointment in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment. In this connection, it is stated that physical education and games are essential requirements for students and even the State Government recognised this aspect when it issued the Government Order dated 5th April, 2004 by which Physical Education and Sports was made a compulsory subject in the State. Thus, in order to give effect to the aforesaid requirement, it was necessary for the State to have created posts of teachers in Physical Education and Sports in the Schools but the order dated 5th April, 2004 permits appointment of a sports teacher from amongst the teaching staff of the School after he is given the required training.
Sri K.S. Kushwaha, learned Standing Counsel appearing for the State and the Intermediate Education Board and Sri R.A. Akhtar, learned counsel appearing for the NCTE have contended that the reliefs claimed in these petitions cannot be granted to the petitioners. It is their submission that in terms of paragraph 5(b) of the Notification dated 23rd August, 2010, the petitioners are not required to appear at the UP-TET and for them the 2001 NCTE Regulations shall apply which prescribe the minimum academic qualification as Senior Secondary School Certificate or Intermediate and Certificate of Physical Education (C.P.Ed.) or its equivalent. It is also pointed out by Sri K.S. Kushwaha that in the Schools run by the Basic Education Board or recognised by the Basic Education Board, post of teacher in physical education has not been created in the State. In this connection he has also placed Regulation I of Chapter II of the U.P. Intermediate Education Act, 1921 which provides that B.P. Ed. Degree holders are eligible for appointment on the post of Assistant Teacher (Physical Education) in Intermediate Colleges (Class XI to XII) and has, therefore, submitted that the petitioners can be considered for appointment on this post. It is also his submission that it is for this reason that Rule 8 of the U.P. Basic Education (Teachers) Service Rules, 1981 and Rules 4 and 5 of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Condition of Service of Teachers) Rules, 1978 do not provide for qualification for the said post of Assistant Teacher in Physical Education in elementary schools. It is also his contention that the petitioners have not assailed the 2001 NCTE Regulations and, therefore, the writ petition in view of the decision of the Supreme Court in Edukanti Kistamma (Dead) through LRs. & Ors. Vs. S. Venkatareddy (Dead) through LRs. & Ors., (2010) 1 SCC 756.
I have considered the submissions advanced by the learned counsel for the parties.
In order to appreciate the controversy involved in these petitions, it will be necessary to refer to various provisions of the Act and the Notifications.
Section 23(1) of the Act deals with the qualification for appointment and terms and conditions of service of teachers and is as follows:-
"23. Qualification for appointment and terms and conditions of service of teachers.--(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher."

Elementary Education has been defined under Section 2(f) of the Act while a School has been defined under Section 2(n) of the Act and the definitions are as follows:-
"2(f). "elementary education" means the education from first class to eight class;"
................
(n) "school" means any recognised school imparting elementary education and includes--

(i) a school established owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local
authority;

(iii) a school belonging to specified
category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"

The Central Government, by means of the Notification dated 31st March, 2010 which was published in the Official Gazette dated 5th April, 2010, has authorised the NCTE as the ''academic authority' to prescribe the minimum qualifications which notification is as follows:-
"NOTIFICATION
New Delhi, the 31st March, 2010

S.O. 750(E).--In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher."

The NCTE, accordingly, issued the Notification dated 23rd August, 2010 which was published in the Gazette of India dated 25th August, 2010. The said Notification lays down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act with effect from the date of the notification. However, another Notification dated 29th July, 2011 was published in the Gazette of India dated 2nd August, 2011. This Notification made certain amendments to the Notification dated 23rd August, 2010 published in the Gazette of India dated 25th August, 2010. The minimum qualifications prescribed in the Notification after the amendment for a person to be considered eligible for appointment as a teacher are as follows:-
1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education).

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed)
OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed. or B.A. Ed./B.Sc. Ed.
OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purprose of this Notification, a diploma/degree course in teacher education recognised by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognised by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person -

(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment for Class I to V upto 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,

(a) A teacher appointed on or after the 3rd September, 2001, i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in School) Regulation, 2001 (as amended from time to time) came into force, in accordance with that Regulation.

Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognised 6-month special programme on elementary education.

(b) A teacher of class I to V with B.Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;

(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5.(a) Teacher appointed after the date of this notification in certain cases: Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.

It is stated by learned counsel for the NCTE that 3rd November, 2001 in paragraph 5(b) of the said notification had been wrongly mentioned and the date should be 3rd September, 2001.
It is, therefore, clear that in respect of teachers for physical education, the minimum qualification norms which will be applicable are the 2001 NCTE Regulations dated 3rd September, 2001. These Regulations do not provide for clearing the TET. In fact for elementary schools, all that is provided is that the persons should have the minimum academic and professional qualification as Senior Secondary School Certificate or Intermediate or its equivalent and Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent. It is, however, stated by Sri Kushwaha, learned counsel appearing for the State that Certificate of C.P.Ed. is not being awarded in the State after 1997.
According to Sri Kushwaha, learned Standing Counsel appearing for the State and the Board, not a single post of Assistant Teacher (Physical Education) has been created in the Basic Education Department till date and it is for this reason that 1981 Rules or 1978 Rules do not provide for the qualification of the said post of Assistant Teacher (Physical Education).
The NCTE 2001 Regulations may provide for the minimum qualifications for teachers in elementary schools as the post of Physical Education Teacher may be existing in other States but merely because such minimum qualifications have been prescribed by the NCTE does not mean that it is obligatory for the State to create posts of Assistant Teachers (Physical Education) in the Schools run by the Basic Education Board or recognised by the Basic Education Board. The State may have realised the importance of physical education and for that purpose has made it a compulsory subject in Classes I to VIII but as pointed out by Sri K.S. Kushwaha, such training is imparted to candidates undergoing the BTC Training Course so that when they are appointed to teach other subjects, they can also teach this compulsory subject for which the only requirement is to pass and the marks are not added to the final result.
This apart, a direction cannot be issued to the respondents to create posts of Assistant Teachers (Physical Education) in elementary schools run by the Basic Education Board or recgonised by the Basic Education Board so that the petitioners can be considered for appointment. There is no categorical averment in the petitions that the post of Assistant Teacher (Physical Education) in elementary school exists in the other two categories of Institutions referred to in Section 2(n) of the Act.
The petitioners are, therefore, not entitled to any relief.
The writ petition is, accordingly, dismissed. Date:19.12.2011
SK
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7

Case :- WRIT - A No. - 74402 of 2011

Petitioner :- Ajay Kumar Srivastava
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Ramesh Rai,G.K. Maurya
Respondent Counsel :- C.S.C.,R.S. Prasad
Hon'ble Dilip Gupta,J.
The petitioner, who was appeared at the Teachers Eligibility Test-2011 and was declared successful, has filed this petition claiming the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to produce the notification/advertisement of Trainees Teachers Selection 2011 and quash/struck down the condition of upper age limit provided in column no.2 of the advertisement dated 1.12.2011.
(ii) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to permit the petitioner to appear in Trainees Teachers Selection held by U.P. Basic Education Board for its Primary Schools through advertisement dated 1.12.2011 providing age relaxation to the petitioner having been declared pass and secured 103 marks about 68.67% in U.P.T.E.T. Examination 2011."
Annexure-1 to the writ petition is the advertisement dated 22nd September, 2011 issued by the Secretary, Board of High School and Intermediate Education regarding the holding of the Teachers Eligibility Test. It prescribes the maximum age limit for appointment as an Assistant Teacher as 40 years. According to the learned counsel for the petitioner, the petitioner is above 40 years.�
The submission of learned counsel for the petitioner is that since he has been successfully cleared the test and has declared pass in the Teachers Eligibility Test, the age may be relaxed in his case.
It is not possible to accept the contention of learned counsel for the petitioner. It was for the authority to prescribe the age and the petitioner cannot insist that the age should be relaxed in his case because he had been declared successful in the Teachers Eligibility Test.
The petition is, accordingly, dismissed.
Order Date :- 21.12.2011
NSC
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HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Judgment reserved on 8th November, 2011
Judgment delivered on 11th November, 2011
Court No.33

Civil Misc. Writ Petition No. 58884 of 2011
Kamal Kishore Pal
Vs.
State of U.P. & Ors.
******
Hon. Dilip Gupta, J.

The petitioner, who has obtained the Diploma in L.T. from the Departmental Examination U.P. in the year 1996, has filed this petition for a direction upon the respondents to consider it as a valid qualification for appearing at the U.P. Teachers Eligibility Test (hereinafter referred to as the 'U.P.-TET') scheduled to commence from 13th November, 2011.
It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the notification dated 31st March, 2010 issued by the Government of India, the National Council for Teachers Education (hereinafter referred to as the 'NCTE') issued the notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Board of High School and Intermediate Education (hereinafter referred to as the 'Intermediate Education Board'), which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons who have obtained Diploma in L.T. have not been permitted to appear in the test. It is, therefore, asserted that the petitioner, who has obtained Diploma in L.T. stands excluded from appointment as a teacher in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment.
It is contended by learned counsel for the petitioner that notification dated 23rd August, 2010 issued by the NCTE under Section 23(1) of the Act regarding minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII so far as it restricts candidates obtaining B.Ed. Degree in one year/Two years Diploma in Elementary Education/Diploma in Education (Special Education)/Four Years Bachelor of Elementary Education, should be modified to include candidates who have obtained Diploma in L.T. as such candidates are at parity with the candidates obtaining B.Ed. Degree in one year. He, therefore, submits that the petitioner, who has obtained the Diploma in L.T. should also be considered eligible under the advertisement dated 22nd September, 2011 issued by the Intermediate Education Board.
Sri K.S. Kushwaha, learned Standing Counsel and Sri R.A. Akhtar, learned counsel appearing for the NCTE have pointed out that Diploma in L.T. Is not the qualification prescribed under the notification dated 23rd August, 2010 for appointment as a teacher in the School and, therefore, the petitioner cannot be permitted to appear at the U.P-TET.
I have considered the submissions advanced by the learned counsel for the parties.
The petitioner, who claims to be possessing Diploma in L.T. Is desirous of appearing at the UP-TET conducted by the Intermediate Education Board so that he can possess the minimum qualification for a person to be considered eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act.
In order to appreciate the controversy involved in this petition, it will be necessary to refer to various provisions of the Act and the relevant Regulations and Notifications.
Section 23(1) of the Act deals with the qualification for appointment and terms and conditions of service of teachers and is as follows:-
"23. Qualification for appointment and terms and conditions of service of teachers.--(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher."

Elementary Education has been defined under Section 2(f) of the Act while a School has been defined under Section 2(n) of the Act and the definitions are as follows:-
"2(f). "elementary education" means the education from first class to eight class;"
................
(n) "school" means any recognised school imparting elementary education and includes--

(i) a school established owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local
authority;

(iii) a school belonging to specified
category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"

The Central Government, by means of the notification dated 31st March, 2010 published in the Official Gazette dated 5th April, 2010, has authorised the NCTE as the ''academic authority' to prescribe the minimum qualifications which notification is as follows:-
"NOTIFICATION
New Delhi, the 31st March, 2010

S.O. 750(E).--In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher."
The NCTE, accordingly, issued the notification dated 23rd August, 2010 which was published in the Gazette of India dated 25th August, 2010. The said notification lays down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act with effect from the date of the notification. However, another notification dated 29th July, 2011 was published in the Gazette of India dated 2nd August, 2011. This notification made certain amendments to the notification dated 23rd August, 2010 published in the Gazette of India dated 25th August, 2010. The minimum qualifications prescribed in the notification after the amendment for a person to be eligible for appointment of a teacher are as follows:-
1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education).

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed)
OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed. or B.A. Ed./B.Sc. Ed.
OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purprose of this Notification, a diploma/degree course in teacher education recognised by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognised by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person -

(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment for Class I to V upto 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,

(a) A teacher appointed on or after the 3rd September, 2001, i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in School) Regulation, 2001 (as amended from time to time) came into force, in accordance with that Regulation.

Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognised 6-month special programme on elementary education.

(b) A teacher of class I to V with B.Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;
(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5.(a) Teacher appointed after the date of this notification in certain cases: Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.

It is stated by learned counsel for the NCTE that 3rd November, 2001 in paragraph 5(b) of the said notification had been wrongly mentioned and the date should be 3rd September, 2001.
It is, therefore, clear that it is only those candidates who have obtained the B.Ed. Degree in one year/Two years Diploma in Elementary Education/Diploma in Education (Special Education)/Four Years Bachelor of Elementary Education, who can be considered eligible under the notification and, therefore, can appear at the U.P.-TET.
It is pointed out by learned counsel for the respondents that persons who obtain the Diploma in L.T. are not eligible for appointment as Assistant Teacher in the School and, therefore, it is not necessary for them to appear at the U.P.-TET. The contention of the petitioner that Diploma in L.T. should be treated at par with the B.Ed. Degree of one year cannot be accepted.
Such being the position, the petitioner is not eligible to appear at the U.P.-TET examination scheduled to commence from 13th November, 2011.
The petition is, accordingly, dismissed. Date: 11.11.2011
NSC
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 24

Case :- MISC. SINGLE No. - 7803 of 2011

Petitioner :- Vimal Chandra
Respondent :- State Of U.P. Through Its Secy. Secondary Edu. And Ors.
Petitioner Counsel :- A.Z. Siddiqui
Respondent Counsel :- C.S.C.

Hon'ble Rajiv Sharma,J.
Heard Mr. A. Z. Siddiqui, learned Counsel for the petitioner and Mr. Vinay Bhushan, learned Standing Counsel.
Learned Counsel for the petitioner submits that the petitioner has appeared in the Teacher Eligibility Test (TET) examination held on 13.11.2011. After comparing the answers with OMR sheet published on the internet by the Examination Committee of the Teacher Eligibility Test (TET), the petitioner feels that he might have secured more marks.
Learned Standing Counsel, on the basis of instructions, submits that if the petitioner is aggrieved, he may file objections by 1.1.2012 in the requisite format after depositing Rs.100/-. If the petitioner prefers objections in the requisite format after depositing Rs.100/- by 1.1.2012, the opposite parties directed to dispose the said objections expeditiously.
The writ petition stands disposed of finally in above terms. Order Date :- 21.12.2011
lakshman
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 27
Case :- WRIT - A No. - 70380 of 2011
Petitioner :- Manju Lata & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rakesh Kumar Mathur,Smt. Swarn Lata Suman
Respondent Counsel :- C.S.C.,A.S.G.I. (2011/2421),R.A. Akhtar
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioners and learned counsel for the respondents Sri Hardev Singh.
By means of this writ petition, the petitioner has challenged the notification dated 7.9.2011 by which all the candidates who are desirous of appointment on the post of Assistant Teacher in Primary Schools have necessarily to undergo a test which is termed as 'Teachers Eligibility Test'.
According to the petitioner, he has already undergone a training under B.T.C. of 2008. The petitioner claims that the Act, that is, Right of Children to Free and Compulsory Education Act, 2009 which prescribes the minimum qualification, does not itself prescribe any such essential condition that a candidate has to qualify 'Teachers Eligibility Test' and , therefore, the said Government Order is against law and liable to be quashed.
Learned counsel for the respondents, however, has pointed out that several writ petitions relating to the same subject have been filed before this Court and have been dismissed by learned Single Judge of this Court by judgment dated 11.11.2011 and the controversy has now been settled and learned Single Judge has held that the minimum qualification as prescribed by the National Council for Teacher Education vide its notification dated 23.8.2011 prescribes for 'Teachers Eligibility Test' and , therefore, the petitioners having not applied for 'Teachers Eligibility Test' are not eligible for consideration.
According to the learned counsel for the respondent the case is squarely covered by the decision rendered in leading case of Ravi Prakash & others Vs. State of U.P. & others decided on 11.11.2011.
In view of the above no relief can be granted to the petitioner and the writ petition is accordingly dismissed. Order Date :- 7.12.2011
VPC 

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