Breaking News - 2008 से पहले की नियुक्त बी एड धारी के पास बी टी सी क़वालीफिकेशन नहीं होने पर नियुक्ति BSA ने हाल में रद्द कर दी थी, उसे हाई कोर्ट ने यह कहते हुए बहाल कर दिया कि याची 14 साल से लगातार सर्विस कर रही थी भले ही पर्याप्त क्वालफिकेशन न हो , और सुप्रीम कोर्ट ने इस तरह के एक आदेश में कहा है क़वालीफिकेशन न होते हुए भी लंबे समय से काम कर रहे लोगों की नियुक्ति को न छेड़ा जाए, देखें आदेश -
impugned order has been passed after 14 years since the date of appointment of the petitioner on the post of Assistant Teacher.
Appeal (C) No(s) 14907/2009 along with Special Leave to Appeal (C) Nos.24549-24580 of 2011, 27396 of 2016, 26331 of 2009 and C.A. No.3904 of 2013 and the Supreme Court vide its final judgment and order dated 14.07.2017 had ordered as under:-
"Heard learned counsel for the parties.
Having regard to the fact that the petitioners have been in service for a long period, we are of the view that their appointments ought not be disturbed only on the ground of alleged lack of qualification which is contested by the petitioners.
Accordingly, the special leave petitions are disposed of by directing that the services of the petitioners be not disturbed on the above grounds.
Pending application(s), if any, shall also stand disposed of."
See complete order :-
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 14989 of 2018
Petitioner :- Alka Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Parmeshwar Yadav,Shri Ashok Khare Sr. Advocate
Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Dinesh Kumar Singh,J.
1.� The petitioner has filed this writ petition under Article 226 of the Constitution of India impugning the order dated 29.05.2018 (Annexure-9 to the writ petition) passed by District Basic Education Officer (hereinafter referred to as "the BSA"), Maharajganj whereby it has been held that the petitioner who was appointed on 01.07.2007 was not qualified to be appointed as Assistant Teacher in the Primary School inasmuch as she did not have requisite qualification as per the existing provisions of The U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "the 1978 Rules").
2.� Bachelor of Education (hereinafter referred to as 'B.Ed.') was not one of the eligible qualifications prescribed as per the existing Rules for appointment of Teacher. The petitioner was appointed on the post having B.A. and B.Ed. Degrees. The BSA has also held that the aforesaid Rules got amended only in the year 2008 i.e. on 12.06.2008 and by that amendment B.Ed. has also been added as one of the eligible qualifications for appointment of Assistant Teacher in Primary Schools. BSA has taken the view that since the petitioner did not have requisite qualifications as per the existing Rules, therefore, the approval for appointment of the petitioner granted in the year 2004 is to be revoked. The impugned order has been passed after 14 years since the date of appointment of the petitioner on the post of Assistant Teacher.
3.� It is not in dispute that the petitioner has been working since her initial appointment i.e. of the year 2004 and her appointment was approved by the competent authority and she has been drawing her salary continuously without break.
4.� It is relevant to note that National Council for Teachers Education is a body constituted under the NCTE Act, 1993 a Central Legislation NCTE has framed Regulation in the year 2001 exercising the powers vested in it under the NCTE Act, 1993. These regulations were framed on 03.09.2001 which are called "National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001". Regulation 2 of the aforesaid Regulations provides that the Regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognised by the Central or State Governments and other authorities for imparting education at the elementary (primary and upper primary/middle school), secondary and senior secondary stages. Regulation 3(i) provides that the qualifications for recruitment of teachers in educational institutions mentioned in Regulation 2 shall be as prescribed in the First Schedule for teaching school subjects. Regulation 4 provides that the existing recruitment Rules may be modified within a period of three years so as to bring them in conformity with the qualifications prescribed in the Schedules. Meanwhile, teachers appointed in accordance with the existing recruitment qualifications, subsequent to the issuance of the Regulations, would be required to acquire the qualifications as prescribed in the Schedules. The First Schedule to the Regulations includes a graduate with a degree of B.Ed. or its equivalent as a permissible qualification for appointing teachers to the upper primary (middle school section)
"Note : 1. For appointment of teachers for primary classes, basic teachers' training programme of 2 years' duration is required. BEd is not a substitute for basic teachers' training programme.
2.Some of the States are having basic teachers' training courses of one year duration only, while in some other States students passing secondary level examination are admitted to primary level teacher training courses. Such States may, by 2005, conduct basic teachers' training programmes of a duration of not less than two years with admission being open to Senior Secondary/Intermediate pass candidates. In the meantime candidates who have undergone basic teachers' training courses of one year duration or were admitted to such training programmes after passing secondary level examination only may be given employment in the concerned States only."
5.� The NCTE while framing its Regulations was aware of the fact that there were existing Regulations/Rules enforced in various States of the country. NCTE, therefore, directed that the existing recruitment Rules may be modified within a period of 3 years so as to bring them in conformity with the qualifications in the Schedules. It is not in dispute that the NCTE Act and Regulations framed thereunder have overriding effect on the State legislation and Rules or Regulations framed thereunder. The NCTE Act and Regulations are Parliamentary legislations under entry 66-A of the list 3 of the 7th Schedule of the Constitution of India and therefore, the qualification prescribed under the Regulations for appointment of teachers in Primary Schools would have overriding effect on the legislations framed by the State.
6.� The NCTE, a statutory body constituted under the provisions of the NCTE Act, 1993 had directed the States to amend their Rules and incorporate the qualifications as prescribed under the Regulations for appointment of teachers in Primary Schools etc. The State of U.P. did not amend its Rules within a period of three years but it had taken more than 7 years to amend its Rules and it had amended its existing Rules in the year 2008 only to bring them in conformity with the NCTE Regulations. The petitioner's appointment was of the year 2004 and admittedly, as per the existing provisions in the Rules framed by 1978 Rules, B.Ed was not one of the essential qualifications.
7.� A Division Bench of this Court in the judgment dated 09.01.2009 rendered in Special Appeal No.1461 of 2005: Committee of Management versus State of U.P. and others, and another connected Special Appeals had set aside the appointment of teachers who had B.Ed qualifications and their appointments were made before 1978 Rules had amended in the years 2008 on the ground that B.Ed was not one of the essential qualifications prescribed under the Rules. A full Bench of this Court in the case of Ram Surat Yadav and others versus State of U.P. and others had affirmed the aforesaid view of the Division Bench.
8.� The teachers whose appointment was quashed by the Division Bench of this Court vide its judgment dated 09.01.2009 had approached the Supreme Court in Special Leave to Appeal (C) No(s) 14907/2009 along with Special Leave to Appeal (C) Nos.24549-24580 of 2011, 27396 of 2016, 26331 of 2009 and C.A. No.3904 of 2013 and the Supreme Court vide its final judgment and order dated 14.07.2017 had ordered as under:-
"Heard learned counsel for the parties.
Having regard to the fact that the petitioners have been in service for a long period, we are of the view that their appointments ought not be disturbed only on the ground of alleged lack of qualification which is contested by the petitioners.
Accordingly, the special leave petitions are disposed of by directing that the services of the petitioners be not disturbed on the above grounds.
Pending application(s), if any, shall also stand disposed of."
9.� Once the Supreme Court has taken a view that the petitioners, who had B.Ed Degree and were appointed before 2008 i.e. before the date of amendment in the Rules, which came into existence in 1978, their appointment cannot be disturbed subsequently. The facts of the present case are identical to the facts of the cases which went to the Supreme Court and the Supreme Court ordered not to disturb the services of the petitioners.�
10.� In view of the aforesaid judgment and order dated 14.07.2017 passed by the Supreme Court, the present petition is allowed. The respondents are directed not to disturb the services of the petitioner.
Order Date :- 29.8.2018
prateek
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
http://joinuptet.blogspot.com
Shiksha Mitra | Shiksha Mitra Latest News | 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
impugned order has been passed after 14 years since the date of appointment of the petitioner on the post of Assistant Teacher.
Appeal (C) No(s) 14907/2009 along with Special Leave to Appeal (C) Nos.24549-24580 of 2011, 27396 of 2016, 26331 of 2009 and C.A. No.3904 of 2013 and the Supreme Court vide its final judgment and order dated 14.07.2017 had ordered as under:-
"Heard learned counsel for the parties.
Having regard to the fact that the petitioners have been in service for a long period, we are of the view that their appointments ought not be disturbed only on the ground of alleged lack of qualification which is contested by the petitioners.
Accordingly, the special leave petitions are disposed of by directing that the services of the petitioners be not disturbed on the above grounds.
Pending application(s), if any, shall also stand disposed of."
See complete order :-
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 14989 of 2018
Petitioner :- Alka Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Parmeshwar Yadav,Shri Ashok Khare Sr. Advocate
Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Dinesh Kumar Singh,J.
1.� The petitioner has filed this writ petition under Article 226 of the Constitution of India impugning the order dated 29.05.2018 (Annexure-9 to the writ petition) passed by District Basic Education Officer (hereinafter referred to as "the BSA"), Maharajganj whereby it has been held that the petitioner who was appointed on 01.07.2007 was not qualified to be appointed as Assistant Teacher in the Primary School inasmuch as she did not have requisite qualification as per the existing provisions of The U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "the 1978 Rules").
2.� Bachelor of Education (hereinafter referred to as 'B.Ed.') was not one of the eligible qualifications prescribed as per the existing Rules for appointment of Teacher. The petitioner was appointed on the post having B.A. and B.Ed. Degrees. The BSA has also held that the aforesaid Rules got amended only in the year 2008 i.e. on 12.06.2008 and by that amendment B.Ed. has also been added as one of the eligible qualifications for appointment of Assistant Teacher in Primary Schools. BSA has taken the view that since the petitioner did not have requisite qualifications as per the existing Rules, therefore, the approval for appointment of the petitioner granted in the year 2004 is to be revoked. The impugned order has been passed after 14 years since the date of appointment of the petitioner on the post of Assistant Teacher.
3.� It is not in dispute that the petitioner has been working since her initial appointment i.e. of the year 2004 and her appointment was approved by the competent authority and she has been drawing her salary continuously without break.
4.� It is relevant to note that National Council for Teachers Education is a body constituted under the NCTE Act, 1993 a Central Legislation NCTE has framed Regulation in the year 2001 exercising the powers vested in it under the NCTE Act, 1993. These regulations were framed on 03.09.2001 which are called "National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001". Regulation 2 of the aforesaid Regulations provides that the Regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognised by the Central or State Governments and other authorities for imparting education at the elementary (primary and upper primary/middle school), secondary and senior secondary stages. Regulation 3(i) provides that the qualifications for recruitment of teachers in educational institutions mentioned in Regulation 2 shall be as prescribed in the First Schedule for teaching school subjects. Regulation 4 provides that the existing recruitment Rules may be modified within a period of three years so as to bring them in conformity with the qualifications prescribed in the Schedules. Meanwhile, teachers appointed in accordance with the existing recruitment qualifications, subsequent to the issuance of the Regulations, would be required to acquire the qualifications as prescribed in the Schedules. The First Schedule to the Regulations includes a graduate with a degree of B.Ed. or its equivalent as a permissible qualification for appointing teachers to the upper primary (middle school section)
"Note : 1. For appointment of teachers for primary classes, basic teachers' training programme of 2 years' duration is required. BEd is not a substitute for basic teachers' training programme.
2.Some of the States are having basic teachers' training courses of one year duration only, while in some other States students passing secondary level examination are admitted to primary level teacher training courses. Such States may, by 2005, conduct basic teachers' training programmes of a duration of not less than two years with admission being open to Senior Secondary/Intermediate pass candidates. In the meantime candidates who have undergone basic teachers' training courses of one year duration or were admitted to such training programmes after passing secondary level examination only may be given employment in the concerned States only."
5.� The NCTE while framing its Regulations was aware of the fact that there were existing Regulations/Rules enforced in various States of the country. NCTE, therefore, directed that the existing recruitment Rules may be modified within a period of 3 years so as to bring them in conformity with the qualifications in the Schedules. It is not in dispute that the NCTE Act and Regulations framed thereunder have overriding effect on the State legislation and Rules or Regulations framed thereunder. The NCTE Act and Regulations are Parliamentary legislations under entry 66-A of the list 3 of the 7th Schedule of the Constitution of India and therefore, the qualification prescribed under the Regulations for appointment of teachers in Primary Schools would have overriding effect on the legislations framed by the State.
6.� The NCTE, a statutory body constituted under the provisions of the NCTE Act, 1993 had directed the States to amend their Rules and incorporate the qualifications as prescribed under the Regulations for appointment of teachers in Primary Schools etc. The State of U.P. did not amend its Rules within a period of three years but it had taken more than 7 years to amend its Rules and it had amended its existing Rules in the year 2008 only to bring them in conformity with the NCTE Regulations. The petitioner's appointment was of the year 2004 and admittedly, as per the existing provisions in the Rules framed by 1978 Rules, B.Ed was not one of the essential qualifications.
7.� A Division Bench of this Court in the judgment dated 09.01.2009 rendered in Special Appeal No.1461 of 2005: Committee of Management versus State of U.P. and others, and another connected Special Appeals had set aside the appointment of teachers who had B.Ed qualifications and their appointments were made before 1978 Rules had amended in the years 2008 on the ground that B.Ed was not one of the essential qualifications prescribed under the Rules. A full Bench of this Court in the case of Ram Surat Yadav and others versus State of U.P. and others had affirmed the aforesaid view of the Division Bench.
8.� The teachers whose appointment was quashed by the Division Bench of this Court vide its judgment dated 09.01.2009 had approached the Supreme Court in Special Leave to Appeal (C) No(s) 14907/2009 along with Special Leave to Appeal (C) Nos.24549-24580 of 2011, 27396 of 2016, 26331 of 2009 and C.A. No.3904 of 2013 and the Supreme Court vide its final judgment and order dated 14.07.2017 had ordered as under:-
"Heard learned counsel for the parties.
Having regard to the fact that the petitioners have been in service for a long period, we are of the view that their appointments ought not be disturbed only on the ground of alleged lack of qualification which is contested by the petitioners.
Accordingly, the special leave petitions are disposed of by directing that the services of the petitioners be not disturbed on the above grounds.
Pending application(s), if any, shall also stand disposed of."
9.� Once the Supreme Court has taken a view that the petitioners, who had B.Ed Degree and were appointed before 2008 i.e. before the date of amendment in the Rules, which came into existence in 1978, their appointment cannot be disturbed subsequently. The facts of the present case are identical to the facts of the cases which went to the Supreme Court and the Supreme Court ordered not to disturb the services of the petitioners.�
10.� In view of the aforesaid judgment and order dated 14.07.2017 passed by the Supreme Court, the present petition is allowed. The respondents are directed not to disturb the services of the petitioner.
Order Date :- 29.8.2018
prateek
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
http://joinuptet.blogspot.com
Shiksha Mitra | Shiksha Mitra Latest News | 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
