UPTET / ALLAHABAD HIGH COURT Candtidate want to appear in UPTET 2013 But NCTE norms for TET exam is Problem

UPTET / ALLAHABAD HIGH COURT : Candidate Having Less Than 50% Marks in Graduation, But Obtained B. Ed Degree on the Basis of PG Marks, Candtidate want to appear in UPTET 2013 But NCTE norms for TET exam is Problem

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 5 

Case :- MISC. SINGLE No. - 3347 of 2013 

Petitioner :- Smt. Deepa Bharati 

Respondent :- State Of U.P. Thru Prin. Secy. Deptt. Of Basic Education &Or 

Petitioner Counsel :- Alok Singh Chauhan 

Respondent Counsel :- C.S.C.,M.M. Asthana 

Hon'ble Ritu Raj Awasthi,J. 

Heard learned counsel for the petitioner as well as the learned Standing Counsel and perused the record. 

The writ petition has been filed seeking suitable order or direction to the opposite parties to modify the eligibility conditions prescribed in the guidelines issued vide Government Order dated 17.4.2013 with respect to UP-TET. 

It is submitted by learned counsel for petitioner that in the graduation the petitioner has obtained less than 45% marks whereas in the post graduation she has obtained more than 50% marks. As per the eligibility criteria prescribed for admission, such as B.Ed. course run by the State Universities a candidate having graduation or post graduation with 50% marks shall be eligible for admission, however in the eligibility criteria for UP-TET laid down vide Government Order dated 17.4.2013 a candidate is required to have passed graduation with 50% marks. There is no provision for the candidates who have passed post graduation with 50% marks. 

It is further submitted that once the candidates having passed post graduation with 50% marks are eligible for admission in teachers course as such B.Ed. they shall also be eligible for appearing in UP-TET which is a Teachers Eligibility Test. 

It is also submitted that N.C.T.E. vide notification dated 23.8.2010,� modified on 1.4.2011� has modified� the eligibility conditions� for T.E.T. and relaxation of 5% in qualifying marks (Graduation) to the candidates belonging to the SC/ST etc. has been provided, however no relaxation in graduation marks for such candidates has been provided in UP-TET. 

Learned Standing Counsel on the basis of instructions submits that as per the eligibility criteria as provided� by the Government Order dated 17.4.2013 the requirement is that a candidate should have passed graduation with minimum 50% marks. The petitioner has not got minimum 50% marks in graduation, as such she is not eligible to appear in UP-TET. 

I have considered the submissions made by the parties' counsel. 

It appears that in the eligibility criteria as prescribed vide Government Order dated 17.4.2013, there is no provision for candidates who have passed post graduation with 50% or more than 50% marks. It is for the State Government to decide as to whether such candidates who have passed post graduation with 50% marks or more than 50% marks are to be treated eligible for appearing in UP-TET or not, as has been provided by the N.C.T.E. for B.Ed. course. 

Since the last date for filling Online application forms for UP-TET is 27.5.2013, the matter is relegated to the State Government to decide the aforesaid issue before the last date for filling the application forms. 

The petitioner may move appropriate representation in this regard before the opposite party no. 1/Principal Secretary, Basic Education, who may take appropriate decision in this regard in the light of the observations made hereinabove. 

With the aforesaid observations, the writ petition is disposed of. 

Order Date :- 24.5.2013 

Arjun/- 

Office is directed to issue a certified copy of this order to the learned counsel for the petitioner on payment of usual charges, today. 

24.5.2013 

Source :http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2601631

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 5

Case :- MISC. SINGLE No. - 3347 of 2013

Petitioner :- Smt. Deepa Bharati
Respondent :- State Of U.P. Thru Prin. Secy. Deptt. Of Basic Education &Or
Petitioner Counsel :- Alok Singh Chauhan
Respondent Counsel :- C.S.C.,M.M. Asthana

Hon'ble Ritu Raj Awasthi,J.
Notice on behalf of opposite party nos. 1 & 2 has been accepted by the learned Chief Standing Counsel whereas notice for opposite party no. 3 has been accepted by Mr. M.M. Asthana, Advocate.
Issue notice to opposite party no. 4, both ways.
Learned counsel for petitioner undertakes to serve notice on opposite party no. 4, outside the Court.
In case steps are taken, office shall provide dasti notices to learned counsel for petitioner for serving the same on opposite party no. 4, outside the Court.
Learned counsel for petitioner submits that petitioner has passed graduation with less than 45 per cent marks and post graduation with more than 50 per cent marks. As per eligibility criteria prescribed for admission to B.Ed. Course running at State Universities, a candidate having passed graduation or post graduation with 50 per cent marks shall be eligible for admission in B.Ed. Course. However, in the eligibility criteria for UP-TET laid down vide Government Order dated 17.4.2013 a candidate is required to have passed graduation with 50 per cent marks. It is also provided that 5 per cent relaxation in marks would be available to SC/ST/OBC/Handicap/Freedom Fighter dependents/Ex-defence personnel.
Submission is that the eligibility criteria of 50 per cent marks in post graduation has been left out from the eligibility for UP-TET.
It is also submitted that NCTE vide notification dated 23.8.2010 which was modified vide notification dated 1st April, 2011 has laid down eligibility for the purpose of B.Ed. course which provides relaxation of 5 per cent in the qualifying marks (graduation) to the candidates belong to SC/ST, etc. category, however, no relaxation in graduation marks for SC/ST/OBC etc has been provided in UP-TET.
The contention is that if the same criteria is applicable for UP-TET, the petitioner would become eligible.
Learned Standing Counsel is directed to seek instructions in the matter.
List/put up day after tomorrow i.e. 24.5.2013.
Order Date :- 22.5.2013
Santosh/-