UPTET : Allahabad Highcourt Judgement Case :- SPECIAL APPEAL No. - 2366 of 2011
इस केस ने लाखों टी ई टी अभ्यार्थीयों को संशय में डाल दिया है
केस की प्रोसीडिंग कई पेजों की है इसलिये में टुकड़ों में इसके मुख्या अंशों' को पब्लिश करने की कोशिश कर रही हूँ ।
क्योंकि इतने सारे पेजों का इस केस को ब्लॉग पर डालने में परेशानी आ रही है
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PART 1
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 37
Case :- SPECIAL APPEAL No. - 2366 of 2011
Petitioner :- Prabhakar Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,R.A. Akhtar,Rajiv Joshi
With
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Hon'ble Ashok Bhushan, J.
Hon'ble Abhinava Upadhya, J.
(Per Hon'ble Ashok Bhushan, J.)
These appeals raising common question of law have been heard together and are being decided by this common judgment. Special appeals under Chapter VIII Rule 5 of the Rules of the Court have been filed against the judgment and order of learned Single Judges dismissing the writ petitions filed by the appellants. In majority of the writ petitions, the challenge is to the judgement and order of Hon'ble Single Judge dated 11.11.2011, passed in writ petition No. 59542 of 2011, Ravi Prakash and others Vs. State of U.P. and others. Following the aforesaid judgment in Ravi Prakash's case majority of the appeals have been dismissed. All the special appeals can be divided in three broad categories. One group of special appeals have been filed by the candidates, who have passed regular two years Basic Training Course from the different District Institute of Education and Training in the State of U.P. The second category of special appeals have been field by those candidates, who have passed special BTC Course of six months conducted with the approval of National Council For Teacher Education to train the candidates so that they may become eligible for appointment on the post of Assistant Teacher in primary schools run by U.P. Basic Education Board. The third category of appeal relates to the candidates who have passed two years BTC Urdu special training course. Special appeal no. 2359 of 2011, Kirti Singh and others Vs. State of U.P. and others belongs to this third category. Facts in detail of the aforesaid three categories of appeals have to be noted for deciding the issues raised in these appeals. Apart from the above, there are certain appeals which have been filed against the judgment and order of other Hon'ble Single Judges apart from the Hon'ble Single Judge who decided the case of Ravi Prakash Vs. State of U.P. and others. Facts in detail of the aforesaid appeals are also to be noted.
Special Appeal No. 2366 of 2011, Prabhakar Singh and others Vs. State of U.P. and others filed by the candidates who have passed regular two years BTC 2004 is being treated as leading special appeal. Now facts giving rise to Special Appeal No. 2366 of 2011 be noted in brief.
State of U.P. issued a Government order dated 20.2.2004 for imparting teachers training to the candidates by District Education and Training Institutes (hereinafter referred to as 'DIET'). The procedure for selecting the candidates was modified by the Government Order dated 20.3.2004. Notifications were issued in September, 2004 inviting applications for selection for imparting Two Years Regular BTC training. Selection could be notified only in January, 2009 and first batch of candidates were admitted in January, 2009. The appellants were also admitted for imparting training in second batch in June, 2009. The Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, which was published in Gazette of India on 27.8.2009. By a notification dated 31.3.2010, issued under Section 23(1) of 2009 Act, National Council For Teacher Education was notified as academic authority. National Council For Teacher Education vide its notification dated 23.8.2010 laid down the minimum qualifications for a person to be eligible to be appointed as an assistant teacher for teaching class 1 to class 8 in a school. By subsequent notification dated 29.7.2011, amendments were made in earlier notifications dated 23.8.2010. The appellants were granted BTC certificate on 21.9.2011. The appellants made a request to the District Basic Education Officer for being given appointment as Assistant Teacher in primary institutions. Basic Shiksha Adhikari sent a communication dated 15.10.2011 informing them that in view of the notifications dated 23.8.2010 issued by the National Council For Teacher Education, the minimum qualifications required passing of Teachers Eligibility Test (TET) hence, the appointment can be given only after the said test is cleared. The said communication was sent to Basic Shiksha Adhikari to all candidates who have passed BTC Course 2004. The appellants had come up in the writ petition praying for the following reliefs:
"1. a writ, order or direction in the nature of certiorari quashing the order dated 15.10.2010 issued by the Basic Shiksha Adhikari, Chitrakoot (Annexure No. 4 to this writ petition).
2. a writ, order or direction of suitable nature commanding the respondents to forthwith grant appointment to the petitioners as assistant teacher in Prathmik Vidyalaya run by Board of Basic Education, U.P., Allahabad for district Chitrakoot within a period to be specified by this Hon'ble Court.
3. a writ, order or direction of suitable nature commanding the respondents to permit the petitioners to function as assistant teacher in Prathmik Vidyalaya run by Board of Basic Education, U.P., in district Chitrakoot and to pay the petitioners their regular monthly salary on such basis regularly every month.
4. a writ, order or direction of suitable nature commanding the respondents not to insist upon the petitioners to pass the U.P. Teacher Eligibility Test as a pre condition for grant of appointment to the petitioners as assistant teachers."
