TET Mandatory Issue on Compassionate Ground Recruitment in Allahabad High Court

TET Mandatory Issue on Compassionate Ground Recruitment in Allahabad High Court

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 51632 of 2014

Petitioner :- Praveen Singh Chahar
Respondent :- State Of U.P. And 3 Ors
Counsel for Petitioner :- D.K. Srivastava
Counsel for Respondent :- C.S.C.,R.B. Yadav

Hon'ble Pradeep Kumar Singh Baghel,J.
By means of this writ petition the petitioner is seeking a writ of certiorari to quash the order dated 31.12.2012 passed by District Basic Education Officer, Agra.
The submission of learned counsel for the petitioner is that he was appointed on compassionate ground on 29.9.2011, in a Primary School, Agra, as Assistant Teacher. By impugned order dated 31.12.2012, his services as Assistant Teacher has been terminated and he has been asked to join the post of Class IV employee on the ground that after enforcement of Right of Children to Free and Compulsory Education Act, 2009 it has laid down the essential qualification for the appointment of a Assistant Teacher, wherein Teachers Eligibility Test (TET) is one of the essential qualification. Since the petitioner does not possess the said qualification, therefore, he is not entitled for appointment as Assistant Teacher.
Learned counsel for the petitioner further submits that National Council for Teacher Education Act, 1993 (for short, the "Act") has been amended and the authority concerned has not considered the NCTE (Amendment) Act, 2011 dated 12th October, 2011, wherein Section 12A has been inserted, which provides that qualification prescribed under the Act shall not adversely affect the continuance of a teacher recruited immediately before the commencement of the NCTE (Amendment) Act, 2011, solely on the ground of non-fulfillment of such qualification.
Admittedly, the appointment of the petitioner was prior to the NCTE (Amendment) Act, 2011.
The matter needs consideration.
Learned Standing Counsel has accepted notices on behalf of respondent nos. 1 and 2. Sri R.B.Yadav, learned Advocate, appears for respondent nos. 3 and 4.
They may file counter affidavit within six weeks. Rejoinder, if any, may be filed within a week thereafter.
List the matter on 11th November, 2014.
It is stated that petitioner is undergoing training which has been interrupted on account of the impugned order. Considering the facts of this case, as an interim measure it is provided that if petitioner is undergoing training, that shall not be interfered with, he shall be allowed to complete the training at his own risk.
Order Date :- 23.9.2014
SKT/-

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=3624580