UTET : TET is Mandatory or Not For Shiksha Mitra in Uttrakhand, Nainital Highcourt Case- Order on
Important Parts : -
a person is required to have passed Teachers Eligibility Test, no one, either in his capacity as Shiksha Acharya and/or in his capacity as Shiksha Mitra, can enter a Primary School as a teacher.
even today, Shiksha Mitras are teaching in Primary Schools. Their nomenclatures have not been altered and, even now, Shiksha Acharyas are being converted to Shiksha Mitras in terms of the Government Order dated 19th November, 2010
Stay on Orders
3 weeks time granted to parties to support their aforementioned respective contentions. . It means it is not final order.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 265 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Madan Singh and others .…………. Respondents
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Special Appeal No. 206 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Dhani Ram and another .…………. Respondents
Special Appeal No. 266 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Mahesh Chandra and others …………. Respondents
AND
Special Appeal No. 355 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Amar Singh .…………. Respondent
Present: Mr. Vinay Kumar, Standing Counsel for the State/appellants.
Mr. K.N. Joshi alongwith Mr. B.M. Pingal, Advocate for the respondents.
Hon’ble Barin Ghosh, C.J.
Hon’ble Servesh Kumar Gupta, J.
The judgments under appeals deal with similar issues. Accordingly, all the appeals are considered together. Each of them are admitted and all of them should be listed together for final hearing. Liberty is granted to the parties to apply for fixation of an early date of hearing.
In the State, there was a concept of Shiksha Acharya and Shiksha Mitra. Shiksha Acharyas and Shiksha Mitras were imparting education in Primary Schools. For a Shiksha Acharya, requirement was less than a Shiksha Mitra. For a Shiksha Mitra, it was a requirement that he should be a graduate. For Shiksha Acharya, the same was not the requirement. Many Shiksha Acharyas, while were Shiksha Mitras, were already graduates. The Government introduced BTC training. BTC training would entail a better scale of pay. Shiksha Mitras were enticed to be trained for the purpose of obtaining better pay scale. Steps were taken to have all Shiksha Mitras trained. The same succeeded and, in fact, all Shiksha Mitras were imparted BTC training. This facility was not available to Shiksha Acharyas. On 19th November, 2010, the Government decided that whoever was working as Shiksha Acharya and whoever was a graduate as on 19th November 2010 shall be treated as Shiksha Mitra and simultaneously shall be sent for obtaining BTC training. Some of the writ petitioners, respondents in these appeals, filed writ petitions before making of the Government Order dated 19th November, 2010 and some filed writ petitions subsequent thereto. In the writ petitions, which were filed before 19th November, 2010, writ petitioners/respondents claimed benefits of some other Government Orders. In the writ petitions, which were filed after 19th November, 2010, writ petitioners sought benefit of the Government Order dated 19th November, 2010. Many other similar writ petitions were filed, whereby and under, direction was given for giving benefits of the Government Order dated 19th November, 2010. Some of those orders reached the Division Bench and the Division Bench also reaffirmed that the benefit of the Government Order dated 19th November, 2010 be reached to those who are covered by the said Government Order. By the judgments under appeals, the learned single Judge has accorded benefit of the Government Order dated 19th November, 2010 to the writ petitioners/respondents. These orders were passed on 7th November, 2012 and subsequent thereto. In these appeals, it is being contended that, having regard to the statutory mandate to the effect that a person is required to have passed Teachers Eligibility Test, no one, either in his capacity as Shiksha Acharya and/or in his capacity as Shiksha Mitra, can enter a Primary School as a teacher. On the other hand, the learned counsel for the writ petitioners/respondents is contending that, even today, Shiksha Mitras are teaching in Primary Schools. Their nomenclatures have not been altered and, even now, Shiksha Acharyas are being converted to Shiksha Mitras in terms of the Government Order dated 19th November, 2010. These aspects of the matter have not been dealt with by the judgments and orders under appeals. We permit the parties to bring on record further pleadings within three weeks to support their aforementioned respective contentions. While doing so, we stay the operation of the orders.
( Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.)
03.12.2013 03.12.2013
P. Singh
Uttrakhand TET | UTET / टीईटी - Teacher Eligibility Test Updates / Recruitment News
a person is required to have passed Teachers Eligibility Test, no one, either in his capacity as Shiksha Acharya and/or in his capacity as Shiksha Mitra, can enter a Primary School as a teacher.
even today, Shiksha Mitras are teaching in Primary Schools. Their nomenclatures have not been altered and, even now, Shiksha Acharyas are being converted to Shiksha Mitras in terms of the Government Order dated 19th November, 2010
Stay on Orders
3 weeks time granted to parties to support their aforementioned respective contentions. . It means it is not final order.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 265 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Madan Singh and others .…………. Respondents
{{{
{
Special Appeal No. 206 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Dhani Ram and another .…………. Respondents
Special Appeal No. 266 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Mahesh Chandra and others …………. Respondents
AND
Special Appeal No. 355 of 2013
State of Uttarakhand and others ………….. Appellants
Versus
Amar Singh .…………. Respondent
Present: Mr. Vinay Kumar, Standing Counsel for the State/appellants.
Mr. K.N. Joshi alongwith Mr. B.M. Pingal, Advocate for the respondents.
Hon’ble Barin Ghosh, C.J.
Hon’ble Servesh Kumar Gupta, J.
The judgments under appeals deal with similar issues. Accordingly, all the appeals are considered together. Each of them are admitted and all of them should be listed together for final hearing. Liberty is granted to the parties to apply for fixation of an early date of hearing.
In the State, there was a concept of Shiksha Acharya and Shiksha Mitra. Shiksha Acharyas and Shiksha Mitras were imparting education in Primary Schools. For a Shiksha Acharya, requirement was less than a Shiksha Mitra. For a Shiksha Mitra, it was a requirement that he should be a graduate. For Shiksha Acharya, the same was not the requirement. Many Shiksha Acharyas, while were Shiksha Mitras, were already graduates. The Government introduced BTC training. BTC training would entail a better scale of pay. Shiksha Mitras were enticed to be trained for the purpose of obtaining better pay scale. Steps were taken to have all Shiksha Mitras trained. The same succeeded and, in fact, all Shiksha Mitras were imparted BTC training. This facility was not available to Shiksha Acharyas. On 19th November, 2010, the Government decided that whoever was working as Shiksha Acharya and whoever was a graduate as on 19th November 2010 shall be treated as Shiksha Mitra and simultaneously shall be sent for obtaining BTC training. Some of the writ petitioners, respondents in these appeals, filed writ petitions before making of the Government Order dated 19th November, 2010 and some filed writ petitions subsequent thereto. In the writ petitions, which were filed before 19th November, 2010, writ petitioners/respondents claimed benefits of some other Government Orders. In the writ petitions, which were filed after 19th November, 2010, writ petitioners sought benefit of the Government Order dated 19th November, 2010. Many other similar writ petitions were filed, whereby and under, direction was given for giving benefits of the Government Order dated 19th November, 2010. Some of those orders reached the Division Bench and the Division Bench also reaffirmed that the benefit of the Government Order dated 19th November, 2010 be reached to those who are covered by the said Government Order. By the judgments under appeals, the learned single Judge has accorded benefit of the Government Order dated 19th November, 2010 to the writ petitioners/respondents. These orders were passed on 7th November, 2012 and subsequent thereto. In these appeals, it is being contended that, having regard to the statutory mandate to the effect that a person is required to have passed Teachers Eligibility Test, no one, either in his capacity as Shiksha Acharya and/or in his capacity as Shiksha Mitra, can enter a Primary School as a teacher. On the other hand, the learned counsel for the writ petitioners/respondents is contending that, even today, Shiksha Mitras are teaching in Primary Schools. Their nomenclatures have not been altered and, even now, Shiksha Acharyas are being converted to Shiksha Mitras in terms of the Government Order dated 19th November, 2010. These aspects of the matter have not been dealt with by the judgments and orders under appeals. We permit the parties to bring on record further pleadings within three weeks to support their aforementioned respective contentions. While doing so, we stay the operation of the orders.
( Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.)
03.12.2013 03.12.2013
P. Singh
Uttrakhand TET | UTET / टीईटी - Teacher Eligibility Test Updates / Recruitment News
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
