CTET Breaking News - CTET प्राइमरी लेवल परीक्षा में बी एड को शामिल करने की अगली सुनवाई 20 अगस्त को, देखें कोर्ट में क्या हुआ
BTC वालों की तरफ से दिग्गज वकील अशोक खरे ने पैरवी की है, और NCTE नोटिफिकेशन को गलत बताया , कहा कि प्राइमरी के लिए B Ed वैलिड क्वालिफिकेशन है ही नहीं,
केंद्र सरकार की तरफ से प्रतिनिधि मौजूद नहीं थे, अब अगली तारीख 20 अगस्त को होगी
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 16920 of 2018
Petitioner :- Bhanu Pratap Yadav And Another
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Agnihotri Kumar Tripathi
Counsel for Respondent :- Rajesh Tripathi,Dhananjay Awasthi,Hridai Narain Pandey
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri H.N. Singh, learned Sr. Advocate, assisted by Sri Agnihotri Kumar Tripathi, learned counsel for the petitioners, Sri� Dhananjay Awasthi, learned counsel for the respondent no.2 and Sri H.N. Pandey, learned counsel for the respondent nos. 3 and 4.
None appears on behalf of respondent no.1 Union of India.
An impleadment application has been filed today which is taken on record. After hearing learned counsel for the parties and learned counsels for the respondent nos. 2, 3 and 4, the impleadment application is allowed.
The proposed respondents may be impleaded as respondent nos. 5, 6 and 7.
Necessary correction in the array of parties be carried during the course of the day.
On 7.8.2018, this court passed the following order:
Sri Agnihotri Kumar Tripathi, learned counsel for the petitioners states that Relief No.1 is not being pressed. He states that petitioners are pressing only reliefs No.2 and 3, which are, as under:
"(ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to include the B.ed. course in eligibility criteria for Central Teacher Eligibility Test 2018.
(ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to permit the petitioners to fill up online application of the Central Teacher Eligibility Test 2018."
Submission of learned counsel for the petitioners is that National Council for Teachers Education has issued a Notification being F. No. NCTE-Regl 012/16/2018, dated 28.06.2018 in exercise of powers conferred under Section 23(1) of The Right of Children to Free and Compulsory Education Act, 2009 whereby the earlier notifications were amended, as under:
"NATIONAL COUNCIL FOR TEACHER EDUCATION�
NOTIFICATION�
New Delhi, the 28th June, 2018�
F. No. NCTE-Regl 012/16/2018.--In exercise of the powers conferred by sub-section (1) of Section 23 of Right of Children to Free and Compulsory Education Act. 2009 (35 of 2009) and in pursuance of notification number S.O. 750(E), dated the 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following further amendments to the notification number F.N.61-03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, hereinafter referred to as the said notification namely:--
(1) In the said notification, in para 1 in sub-para (i), in clause (a) after the words and brackets "Graduation and two year Diploma in ElementaryEducation (by whatever name known), the following shall be inserted, namely:-
OR�
"Graduation with at least 50 % marks and Bachelor of Education (B.Ed.)"
2. In the said notification in para 3, for sub-para(a), the following sub-para shall be substituted namely:-
"(a) who has acquired the qualification of Bachelor of Education from any NCTE recognized institution shall be considered for appointment as a teacher in classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education recognized by the NCTE, within two years of such appointment as primary teacher".
SANJAY AWASTHI, Member Secy.
[ADVT.-III/4/Exty./121/18-19]
Note : The Principal Notification was published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 vide number 64-03/20/2010/NCTE(N&S), dated the 23rd August, 2010 and amended vide number 61-1/2011/NCTE(N&S), dated the 29th July, 2011."
Learned counsel for the petitioners submits that the petitioners possessed B.Ed. Degree but the information bulletin issued by the respondent No.4 for conducting Teachers Eligibility Test, does not include B.Ed. as qualification in Para 6.1, therefore, non inclustion of the B.Ed. Degree in Para 6.1 under the heading 'ELIGIBILITY', is in conflict with the aforenoted notification dated 28.06.2018.
None appears on behalf of the respondent No.2.
Sri Rajesh Tripathi, learned Central Government Standing Counsel and Sri H.N. Pandey, learned counsel for the respondent Nos.3 and 4 pray for and are granted a week's time to obtain instructions or to file a short counter affidavit. The respondent No.2 is also directed to file a short counter affidavit within the same period.
Put up as a fresh case on 14.08.2018.
According to the petitioners, initially the respondent no.3 issued "CTET 2018 Information Bulletin" wherein vide paragraph 6.1 it prescribed the minimum qualification which includes "Graduation with at least 50% marks and Bachelor of Education (B.Ed.)".� But after two hours, this information Bulletin was withdrawn and a new information Bulletin was issued wherein the aforesaid qualification of "Graduation with at least 50% marks and Bachelor of Education (B.Ed.)" was deleted which prima facie appears to be in conflict with the notification dated 28.6.2018 issued by the NCTE.
Sri Ashok Khare, learned Sr. Advocate, assisted by Sri Siddharth Khare, learned counsel for the respondent nos. 5,6 and 7 submits that the notification itself is in conflict with the provisions of Teachers Education Act, 1993 and the regulations framed thereunder inasmuch as Bachelor of Education (B.Ed.) is recognised qualification for secondary and Senior Secondary School (Class 6 to 10), therefore, by the notification dated 28.6.2018, the qualification of B.Ed. has been applied to Primary Education (for classes 1 to 5). Thus, qualification of B.Ed. prescribed for higher standard can not be prescribed to be a qualification for lower standard classes.
Despite the time granted neither the counsel for the respondent no.2 nor the counsel for the respondent nos. 3 and 4 could clarify the aforesaid inconsistency. None appears for the Union of India to assist the Court in this matter. Short counter affidavit as directed by order dated 7.8.2018 has also not been filed.
Under the Circumstances, the Court considered to call upon the respondent nos. 2 and 3 to remain personally present before this Court to explain the situation but on the request of the learned counsels for the respondent nos. 2,3 and 4 one more opportunity is afforded to all the respondents to clarify the situation by filing their short counter affidavits. If short counter affidavits are not filed before the next date fixed, then the court may consider to direct the respondent nos. 2 and 3 to remain personally present before this Court.
In the short counter affidavit all the respondents shall also reply to the contentions raised by respondent nos. 5,6 and 7 as aforenoted.
Put up on 20.8.2018 as a fresh case.
Order Date :- 14.8.2018/vkg
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
BTC वालों की तरफ से दिग्गज वकील अशोक खरे ने पैरवी की है, और NCTE नोटिफिकेशन को गलत बताया , कहा कि प्राइमरी के लिए B Ed वैलिड क्वालिफिकेशन है ही नहीं,
केंद्र सरकार की तरफ से प्रतिनिधि मौजूद नहीं थे, अब अगली तारीख 20 अगस्त को होगी
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 16920 of 2018
Petitioner :- Bhanu Pratap Yadav And Another
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Agnihotri Kumar Tripathi
Counsel for Respondent :- Rajesh Tripathi,Dhananjay Awasthi,Hridai Narain Pandey
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri H.N. Singh, learned Sr. Advocate, assisted by Sri Agnihotri Kumar Tripathi, learned counsel for the petitioners, Sri� Dhananjay Awasthi, learned counsel for the respondent no.2 and Sri H.N. Pandey, learned counsel for the respondent nos. 3 and 4.
None appears on behalf of respondent no.1 Union of India.
An impleadment application has been filed today which is taken on record. After hearing learned counsel for the parties and learned counsels for the respondent nos. 2, 3 and 4, the impleadment application is allowed.
The proposed respondents may be impleaded as respondent nos. 5, 6 and 7.
Necessary correction in the array of parties be carried during the course of the day.
On 7.8.2018, this court passed the following order:
Sri Agnihotri Kumar Tripathi, learned counsel for the petitioners states that Relief No.1 is not being pressed. He states that petitioners are pressing only reliefs No.2 and 3, which are, as under:
"(ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to include the B.ed. course in eligibility criteria for Central Teacher Eligibility Test 2018.
(ii) Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to permit the petitioners to fill up online application of the Central Teacher Eligibility Test 2018."
Submission of learned counsel for the petitioners is that National Council for Teachers Education has issued a Notification being F. No. NCTE-Regl 012/16/2018, dated 28.06.2018 in exercise of powers conferred under Section 23(1) of The Right of Children to Free and Compulsory Education Act, 2009 whereby the earlier notifications were amended, as under:
"NATIONAL COUNCIL FOR TEACHER EDUCATION�
NOTIFICATION�
New Delhi, the 28th June, 2018�
F. No. NCTE-Regl 012/16/2018.--In exercise of the powers conferred by sub-section (1) of Section 23 of Right of Children to Free and Compulsory Education Act. 2009 (35 of 2009) and in pursuance of notification number S.O. 750(E), dated the 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following further amendments to the notification number F.N.61-03/20/2010/NCTE/(N&S), dated the 23rd August, 2010, published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010, hereinafter referred to as the said notification namely:--
(1) In the said notification, in para 1 in sub-para (i), in clause (a) after the words and brackets "Graduation and two year Diploma in ElementaryEducation (by whatever name known), the following shall be inserted, namely:-
OR�
"Graduation with at least 50 % marks and Bachelor of Education (B.Ed.)"
2. In the said notification in para 3, for sub-para(a), the following sub-para shall be substituted namely:-
"(a) who has acquired the qualification of Bachelor of Education from any NCTE recognized institution shall be considered for appointment as a teacher in classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education recognized by the NCTE, within two years of such appointment as primary teacher".
SANJAY AWASTHI, Member Secy.
[ADVT.-III/4/Exty./121/18-19]
Note : The Principal Notification was published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 vide number 64-03/20/2010/NCTE(N&S), dated the 23rd August, 2010 and amended vide number 61-1/2011/NCTE(N&S), dated the 29th July, 2011."
Learned counsel for the petitioners submits that the petitioners possessed B.Ed. Degree but the information bulletin issued by the respondent No.4 for conducting Teachers Eligibility Test, does not include B.Ed. as qualification in Para 6.1, therefore, non inclustion of the B.Ed. Degree in Para 6.1 under the heading 'ELIGIBILITY', is in conflict with the aforenoted notification dated 28.06.2018.
None appears on behalf of the respondent No.2.
Sri Rajesh Tripathi, learned Central Government Standing Counsel and Sri H.N. Pandey, learned counsel for the respondent Nos.3 and 4 pray for and are granted a week's time to obtain instructions or to file a short counter affidavit. The respondent No.2 is also directed to file a short counter affidavit within the same period.
Put up as a fresh case on 14.08.2018.
According to the petitioners, initially the respondent no.3 issued "CTET 2018 Information Bulletin" wherein vide paragraph 6.1 it prescribed the minimum qualification which includes "Graduation with at least 50% marks and Bachelor of Education (B.Ed.)".� But after two hours, this information Bulletin was withdrawn and a new information Bulletin was issued wherein the aforesaid qualification of "Graduation with at least 50% marks and Bachelor of Education (B.Ed.)" was deleted which prima facie appears to be in conflict with the notification dated 28.6.2018 issued by the NCTE.
Sri Ashok Khare, learned Sr. Advocate, assisted by Sri Siddharth Khare, learned counsel for the respondent nos. 5,6 and 7 submits that the notification itself is in conflict with the provisions of Teachers Education Act, 1993 and the regulations framed thereunder inasmuch as Bachelor of Education (B.Ed.) is recognised qualification for secondary and Senior Secondary School (Class 6 to 10), therefore, by the notification dated 28.6.2018, the qualification of B.Ed. has been applied to Primary Education (for classes 1 to 5). Thus, qualification of B.Ed. prescribed for higher standard can not be prescribed to be a qualification for lower standard classes.
Despite the time granted neither the counsel for the respondent no.2 nor the counsel for the respondent nos. 3 and 4 could clarify the aforesaid inconsistency. None appears for the Union of India to assist the Court in this matter. Short counter affidavit as directed by order dated 7.8.2018 has also not been filed.
Under the Circumstances, the Court considered to call upon the respondent nos. 2 and 3 to remain personally present before this Court to explain the situation but on the request of the learned counsels for the respondent nos. 2,3 and 4 one more opportunity is afforded to all the respondents to clarify the situation by filing their short counter affidavits. If short counter affidavits are not filed before the next date fixed, then the court may consider to direct the respondent nos. 2 and 3 to remain personally present before this Court.
In the short counter affidavit all the respondents shall also reply to the contentions raised by respondent nos. 5,6 and 7 as aforenoted.
Put up on 20.8.2018 as a fresh case.
Order Date :- 14.8.2018/vkg
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
