UPTET SARKARI NAUKRI News - JRT ORDER PART 5 -
16. Appendix-II, as inserted by Sixteenth Amendment Rules, 2012, would apply to the vacancies which are notified to be filled in by candidates, possessing qualifications mentioned in Rule 14 (1) (b), as inserted by Sixteenth Amendment Rules, 2012, but if vacancies are notified with reference to Rule 14 (1) (a) read with Sub-Rule 2 of Rule 14, then list has to be prepared as per Rule 14 (3) (a) read with Appendix-I which means the Appendix as inserted by Fifteenth Amendment Rules, 2012.
17. By Government Order (hereinafter referred to as "G.O.") dated 11.7.2013, State Government determined 29334 vacancies of Assistant Teachers, i.e., 14667 Assistant Teachers (Maths) and 14667 Assistant Teachers (Science) in Sr.P.S. to be filled in under 50 per cent direct recruitment quota, in accordance with Rules, 1981, as amended from time to time. The eligibility qualifications mentioned in para 2 (1) of the G.O. 11.7.2013 read as under:
^^1- vkosnu gsrq ik=rk%&
¼d½& 'kSf{kd vgZrk& mPp izkFkfed fo|ky;ksa esa xf.kr @ foKku fo"k; ds lgk;d v/;kid in ij fu;qfDr gsrq ,sls vH;FkhZ ik= gksaxs tks Hkkjr esa fof/k }kjk LFkkfir fo'ofo|ky; ls ch0,l0lh0 dh mikf/k ,oa nks o"khZ; ch0Vh0lh0] fof'k"V ch0Vh0lh0 ,oa ,u0lh0Vh0bZ0 }kjk ekU;rk izkIr laLFkkvksa ls f'k{kk Lukrd ¼ch0,M0½] ;k ch0,M0 ¼fo'ks"k f'k{kk½ Hkkjrh; iquokZl ifj"kn ¼vkj0lh0vkbZ0½ }kjk ekU;rk izkIr ikB~;dze mRrh.kZ gksaA lkFk gh mRrj izns'k vFkok Hkkjr ljdkj }kjk d{kk 6&8 gsrq vk;ksftr v/;kid ik=rk ijh{kk lQyrkiwoZd mRrh.kZ fd;s gksaA
¼[k½& vk;q& mPp izkFkfed fo|ky; esa lgk;d v/;kid ds in ij lh/kh HkrhZ ds fy, vH;FkhZ dh vk;q 01 tqykbZ] 2013 dks U;wure 21 o"kZ gksuh pkfg, vkSj vf/kdre 35 o"kZ ls vf/kd ugha gksuh pkfg,A
ijUrq vuqlwfpr tkfr@ vuqlwfpr tutkfr @ vU; fiNM+k oxZ ds vH;fFkZ;ksa ds ekeyksa esa mPprj vk;q lhek 05 o"kZ vf/kd gksxhA
ijUrq ,sls vH;FkhZ tks HkwriwoZ lSfud gSa muds fy, vk;q dh mPprj lhek esa NwV ^^;fn lsuk ds fdlh HkwriwoZ lSfud }kjk lsuk esa dh x;h lsok dh lEiw.kZ vof/k mldh okLrfod vk;q esa ls ?kVk nh tkrh gS] vkSj ;fn bl izdkj ?kVk;h x;h vk;q fu/kkZfjr vf/kdre vk;q lhek ls 03 o"kZ ls vf/kd u gks rks ;g le>k tk;sxk fd og ,slh lsokvksa rFkk inksa ij HkrhZ dh vk;q ls lEcfU/kr 'krksZa dks iwjk djrk gSA^^ ysfdu vH;FkhZ dh okLrfod vf/ko"kZrk vk;q ¼62 o"kZ½ ls vuf/kd gksuh pkfg,A
ijUrq ;g Hkh fd fodykax vH;fFkZ;ksa ds ekeysa esa mPprj vk;q lhek 10 o"kZ vf/kd gksxh fdUrq fdlh Hkh n'kk esa fu;qfDr dh frfFk dks vH;FkhZ dh vk;q 50 o"kZ ls vf/kd ugha gksxhA** (emphasis added)
"1. Eligibility for applying-
(A) Educational qualification - For the appointment on the post of Assistant Teacher of mathematics/science subject in upper primary schools, those candidates shall be eligible who have B.Sc. degree from a university established by law and have passed two-year B.T.C., Special B.T.C., and B.Ed. from institutions recognised by the NCTE (National Council of Teachers' Education) or B.Ed (Special Education) course recognised by the Rehabilitation Council of India (R.C.I.). Simultaneously, the candidate must have successfully qualified in the Teachers' Eligibility Test for classes 6 to 8 organised by the Government of U.P. or Government of India.
(B) Age - For the direct recruitment on the post of Assistant Teacher in Upper Primary Schools, the candidate should be aged at least 21 years and not more than 35 years on July 1, 2013 .
Provided that in case of the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, the upper age limit shall be relaxed by 5 years.
Provided that as for relaxation in upper age limit for such candidates who are ex-servicemen, "if total period of service rendered by any ex-servicemen is subtracted from his real age, and if so subtracted age exceeds the upper age limit by not more than 03 years, then he shall be treated to fulfil the conditions related to the age of recruitment for such services and posts" but it should not exceed the candidate's actual superannuation age (62 years).
Provided that in case of physically handicapped persons, the upper age limit shall be 10 years more, but the age of candidate shall not, in any case, be more than 50 years on the date of appointment"
(English Translation by the Court)
18. From perusal of above, it is clear that candidate possessing qualification of B.Sc. degree and 2 years B.T.C., Special B.T.C. and B.Ed. or B.Ed. (Special Education) from institutions, recognized by National Council for Teachers Education or Bhartiya Punarvas Parishad, would be eligible to appear in the aforesaid selection.
19. Clause 9 of para 2 of G.O. Dated 11.7.2013 provides procedure for selection and reads as under:
^^9& p;u izfdz;k&
d& vH;fFkZ;ksa ds p;u@ fu;qfDr v/;kid lsok fu;ekoyh 1981 ¼v|ru ;Fkk la'kksf/kr½ rFkk p;uksaijkUr v/;kid dh rSukrh v/;kid lsok fu;ekoyh 2008 ¼v|ru ;Fkk la'kksf/kr½ ds vuqlkj fd;k tk;sxkA p;u@ fu;qfDr gsrq ofj"Brk dze dk fu/kkZj.k v/;kid lsok fu;ekoyh ds ifjf'k"V&^d* esa fo|eku izfdz;kuqlkj rS;kj fd;k tk;sxkA
[k& mijksDrkuqlkj p;fur vH;fFkZ;ksa dh lwph ftyk csfld f'k{kk vf/kdkjh }kjk fuxZr dj dkfUlfyax ds ek/;e ls muds 'kSf{kd vfHkys[kksa dh tkWap dj ewy vfHkys[kksa dks tek djk fy;k tk;sxkA lgh ik;s x;s vH;fFkZ;ksa ds 'kSf{kd vfHkys[kksa dk lR;kiu lEcfU/kr laLFkkvksa ls djk;k tk;sxkA
x& ,sls vgZ p;fur vH;fFkZ;ksa dk LokLFk ijh{k.k ftyk csfld f'k{kk vf/kdkjh }kjk esfMdy cksMZ xfBr djkdj djk;k tkuk vfuok;Z gksxkA
?k& vfUre :i ls p;fur vH;fFkZ;ksa dks tuin ds ,sls fo|ky;ksa esa lgk;d v/;kid mPp izkFkfed fo|ky; ds fu/kkZfjr osrueku esa ,d o"kZ ds ifjoh{kk dky ij fu;qDr fd;k tk;sxk tgkWa xf.kr@ foKku ds f'k{kd dk in fjDr gksA**
(emphasis added)
" 9- Selection process -
A - Selection/appointment of the candidates shall be undertaken according to Adhyapak Sewa Niyamawali 1981 (Teachers' Services Rules) (as amended & updated) and posting of the teachers after the selection shall be carried out under the provisions of Adhyapak Sewa Niyamawali 2008 (Teachers' Service Rules) (as amended & updated). For selection/appointment, the order of seniority shall be determined and prepared on the basis of the procedure specified in enclosure -'ka' of Adhyapak Sewa Niyamawali (Teacher's Services Rules) .
B- After getting the list of the candidates selected as above issued through the District Basic Siksha Adhikari and getting their original educational records verified through counselling, the original records shall be caused to be deposited. Educational records of the candidates found correct shall be got verified by the concerned institutions.
C- It shall be mandatory for the District Basic Siksha Adhikari to go for medical tests for such eligible selected candidates by constituting a medical board.
D - Finally selected candidates shall be appointed on one year of probation in the pay-scale fixed for Assistant Teacher, Upper Primary Schools, in those schools of the district where the post for mathematics/science teacher is vacant."
(English Translation by the Court)
20. The grievance of petitioners is that under the Appendix inserted by two Amendment Rules of 2012, no provision giving any weightage in recruitment process, to the scores in TET has been made. TET has been considered only a qualifying examination conferring eligibility for appointment to the post of Assistant Teacher, Sr.P.S. and Head Master, Jr.P.S. but for the purpose of preparation of merit list, no weightage has been given to scores of TET.
21. It is said that a Full Bench of this Court in Shiv Kumar Sharma and others Vs. State of U.P. and others 2013 (6) ADJ 310 held that guidelines formed by NCTE providing weightage to TET have to be followed by State. It is binding. Since no such weightage was given under Fifteenth and Sixteenth Amendment Rules, 2012, the procedure prescribed in Appendix-I is bad. Attention of this Court is also drawn to the judgment dated 20.11.2013 in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra) and other connected appeals, whereby Division Bench of this Court struck down Rule 14 (3) of Fifteenth Amendment Rules, 2012 and consequently set aside G.O. dated 31.8.2012 and the communication dated 31.8.2012.
22. It is submitted that once Rule 14 (3) of Fifteenth Amendment Rules, 2012 has been struck down, it has taken away Appendix also, Sixteenth Amendment Rules, 2012 insofar as it declares the existing appendix as Appendix-1 and inserted Appendix-2 is clearly redundant since it seeks to substitute a provision which is/was not existing in the Statue book, having been declared ultra vires. Rule 14 (3) as inserted by Sixteenth Amendment Rules, 2012 is inoperative and not possible to be implemented at all. In any case, it also suffers from the same vice as held in Shiv Kumar Pathak (Supra).
23. Sri Khare contended that it is in this background of facts this Court has to consider the consequence and effect of striking down of Rule 14 (3) of Fifteenth Amendment Rules, 2012.
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UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
16. Appendix-II, as inserted by Sixteenth Amendment Rules, 2012, would apply to the vacancies which are notified to be filled in by candidates, possessing qualifications mentioned in Rule 14 (1) (b), as inserted by Sixteenth Amendment Rules, 2012, but if vacancies are notified with reference to Rule 14 (1) (a) read with Sub-Rule 2 of Rule 14, then list has to be prepared as per Rule 14 (3) (a) read with Appendix-I which means the Appendix as inserted by Fifteenth Amendment Rules, 2012.
17. By Government Order (hereinafter referred to as "G.O.") dated 11.7.2013, State Government determined 29334 vacancies of Assistant Teachers, i.e., 14667 Assistant Teachers (Maths) and 14667 Assistant Teachers (Science) in Sr.P.S. to be filled in under 50 per cent direct recruitment quota, in accordance with Rules, 1981, as amended from time to time. The eligibility qualifications mentioned in para 2 (1) of the G.O. 11.7.2013 read as under:
^^1- vkosnu gsrq ik=rk%&
¼d½& 'kSf{kd vgZrk& mPp izkFkfed fo|ky;ksa esa xf.kr @ foKku fo"k; ds lgk;d v/;kid in ij fu;qfDr gsrq ,sls vH;FkhZ ik= gksaxs tks Hkkjr esa fof/k }kjk LFkkfir fo'ofo|ky; ls ch0,l0lh0 dh mikf/k ,oa nks o"khZ; ch0Vh0lh0] fof'k"V ch0Vh0lh0 ,oa ,u0lh0Vh0bZ0 }kjk ekU;rk izkIr laLFkkvksa ls f'k{kk Lukrd ¼ch0,M0½] ;k ch0,M0 ¼fo'ks"k f'k{kk½ Hkkjrh; iquokZl ifj"kn ¼vkj0lh0vkbZ0½ }kjk ekU;rk izkIr ikB~;dze mRrh.kZ gksaA lkFk gh mRrj izns'k vFkok Hkkjr ljdkj }kjk d{kk 6&8 gsrq vk;ksftr v/;kid ik=rk ijh{kk lQyrkiwoZd mRrh.kZ fd;s gksaA
¼[k½& vk;q& mPp izkFkfed fo|ky; esa lgk;d v/;kid ds in ij lh/kh HkrhZ ds fy, vH;FkhZ dh vk;q 01 tqykbZ] 2013 dks U;wure 21 o"kZ gksuh pkfg, vkSj vf/kdre 35 o"kZ ls vf/kd ugha gksuh pkfg,A
ijUrq vuqlwfpr tkfr@ vuqlwfpr tutkfr @ vU; fiNM+k oxZ ds vH;fFkZ;ksa ds ekeyksa esa mPprj vk;q lhek 05 o"kZ vf/kd gksxhA
ijUrq ,sls vH;FkhZ tks HkwriwoZ lSfud gSa muds fy, vk;q dh mPprj lhek esa NwV ^^;fn lsuk ds fdlh HkwriwoZ lSfud }kjk lsuk esa dh x;h lsok dh lEiw.kZ vof/k mldh okLrfod vk;q esa ls ?kVk nh tkrh gS] vkSj ;fn bl izdkj ?kVk;h x;h vk;q fu/kkZfjr vf/kdre vk;q lhek ls 03 o"kZ ls vf/kd u gks rks ;g le>k tk;sxk fd og ,slh lsokvksa rFkk inksa ij HkrhZ dh vk;q ls lEcfU/kr 'krksZa dks iwjk djrk gSA^^ ysfdu vH;FkhZ dh okLrfod vf/ko"kZrk vk;q ¼62 o"kZ½ ls vuf/kd gksuh pkfg,A
ijUrq ;g Hkh fd fodykax vH;fFkZ;ksa ds ekeysa esa mPprj vk;q lhek 10 o"kZ vf/kd gksxh fdUrq fdlh Hkh n'kk esa fu;qfDr dh frfFk dks vH;FkhZ dh vk;q 50 o"kZ ls vf/kd ugha gksxhA** (emphasis added)
"1. Eligibility for applying-
(A) Educational qualification - For the appointment on the post of Assistant Teacher of mathematics/science subject in upper primary schools, those candidates shall be eligible who have B.Sc. degree from a university established by law and have passed two-year B.T.C., Special B.T.C., and B.Ed. from institutions recognised by the NCTE (National Council of Teachers' Education) or B.Ed (Special Education) course recognised by the Rehabilitation Council of India (R.C.I.). Simultaneously, the candidate must have successfully qualified in the Teachers' Eligibility Test for classes 6 to 8 organised by the Government of U.P. or Government of India.
(B) Age - For the direct recruitment on the post of Assistant Teacher in Upper Primary Schools, the candidate should be aged at least 21 years and not more than 35 years on July 1, 2013 .
Provided that in case of the candidates belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, the upper age limit shall be relaxed by 5 years.
Provided that as for relaxation in upper age limit for such candidates who are ex-servicemen, "if total period of service rendered by any ex-servicemen is subtracted from his real age, and if so subtracted age exceeds the upper age limit by not more than 03 years, then he shall be treated to fulfil the conditions related to the age of recruitment for such services and posts" but it should not exceed the candidate's actual superannuation age (62 years).
Provided that in case of physically handicapped persons, the upper age limit shall be 10 years more, but the age of candidate shall not, in any case, be more than 50 years on the date of appointment"
(English Translation by the Court)
18. From perusal of above, it is clear that candidate possessing qualification of B.Sc. degree and 2 years B.T.C., Special B.T.C. and B.Ed. or B.Ed. (Special Education) from institutions, recognized by National Council for Teachers Education or Bhartiya Punarvas Parishad, would be eligible to appear in the aforesaid selection.
19. Clause 9 of para 2 of G.O. Dated 11.7.2013 provides procedure for selection and reads as under:
^^9& p;u izfdz;k&
d& vH;fFkZ;ksa ds p;u@ fu;qfDr v/;kid lsok fu;ekoyh 1981 ¼v|ru ;Fkk la'kksf/kr½ rFkk p;uksaijkUr v/;kid dh rSukrh v/;kid lsok fu;ekoyh 2008 ¼v|ru ;Fkk la'kksf/kr½ ds vuqlkj fd;k tk;sxkA p;u@ fu;qfDr gsrq ofj"Brk dze dk fu/kkZj.k v/;kid lsok fu;ekoyh ds ifjf'k"V&^d* esa fo|eku izfdz;kuqlkj rS;kj fd;k tk;sxkA
[k& mijksDrkuqlkj p;fur vH;fFkZ;ksa dh lwph ftyk csfld f'k{kk vf/kdkjh }kjk fuxZr dj dkfUlfyax ds ek/;e ls muds 'kSf{kd vfHkys[kksa dh tkWap dj ewy vfHkys[kksa dks tek djk fy;k tk;sxkA lgh ik;s x;s vH;fFkZ;ksa ds 'kSf{kd vfHkys[kksa dk lR;kiu lEcfU/kr laLFkkvksa ls djk;k tk;sxkA
x& ,sls vgZ p;fur vH;fFkZ;ksa dk LokLFk ijh{k.k ftyk csfld f'k{kk vf/kdkjh }kjk esfMdy cksMZ xfBr djkdj djk;k tkuk vfuok;Z gksxkA
?k& vfUre :i ls p;fur vH;fFkZ;ksa dks tuin ds ,sls fo|ky;ksa esa lgk;d v/;kid mPp izkFkfed fo|ky; ds fu/kkZfjr osrueku esa ,d o"kZ ds ifjoh{kk dky ij fu;qDr fd;k tk;sxk tgkWa xf.kr@ foKku ds f'k{kd dk in fjDr gksA**
(emphasis added)
" 9- Selection process -
A - Selection/appointment of the candidates shall be undertaken according to Adhyapak Sewa Niyamawali 1981 (Teachers' Services Rules) (as amended & updated) and posting of the teachers after the selection shall be carried out under the provisions of Adhyapak Sewa Niyamawali 2008 (Teachers' Service Rules) (as amended & updated). For selection/appointment, the order of seniority shall be determined and prepared on the basis of the procedure specified in enclosure -'ka' of Adhyapak Sewa Niyamawali (Teacher's Services Rules) .
B- After getting the list of the candidates selected as above issued through the District Basic Siksha Adhikari and getting their original educational records verified through counselling, the original records shall be caused to be deposited. Educational records of the candidates found correct shall be got verified by the concerned institutions.
C- It shall be mandatory for the District Basic Siksha Adhikari to go for medical tests for such eligible selected candidates by constituting a medical board.
D - Finally selected candidates shall be appointed on one year of probation in the pay-scale fixed for Assistant Teacher, Upper Primary Schools, in those schools of the district where the post for mathematics/science teacher is vacant."
(English Translation by the Court)
20. The grievance of petitioners is that under the Appendix inserted by two Amendment Rules of 2012, no provision giving any weightage in recruitment process, to the scores in TET has been made. TET has been considered only a qualifying examination conferring eligibility for appointment to the post of Assistant Teacher, Sr.P.S. and Head Master, Jr.P.S. but for the purpose of preparation of merit list, no weightage has been given to scores of TET.
21. It is said that a Full Bench of this Court in Shiv Kumar Sharma and others Vs. State of U.P. and others 2013 (6) ADJ 310 held that guidelines formed by NCTE providing weightage to TET have to be followed by State. It is binding. Since no such weightage was given under Fifteenth and Sixteenth Amendment Rules, 2012, the procedure prescribed in Appendix-I is bad. Attention of this Court is also drawn to the judgment dated 20.11.2013 in Shiv Kumar Pathak and others Vs. State of U.P. and others (supra) and other connected appeals, whereby Division Bench of this Court struck down Rule 14 (3) of Fifteenth Amendment Rules, 2012 and consequently set aside G.O. dated 31.8.2012 and the communication dated 31.8.2012.
22. It is submitted that once Rule 14 (3) of Fifteenth Amendment Rules, 2012 has been struck down, it has taken away Appendix also, Sixteenth Amendment Rules, 2012 insofar as it declares the existing appendix as Appendix-1 and inserted Appendix-2 is clearly redundant since it seeks to substitute a provision which is/was not existing in the Statue book, having been declared ultra vires. Rule 14 (3) as inserted by Sixteenth Amendment Rules, 2012 is inoperative and not possible to be implemented at all. In any case, it also suffers from the same vice as held in Shiv Kumar Pathak (Supra).
23. Sri Khare contended that it is in this background of facts this Court has to consider the consequence and effect of striking down of Rule 14 (3) of Fifteenth Amendment Rules, 2012.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
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UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
