UPTET SARKARI NAUKRI News - Model Schools mein TET Mandatory Kiye Jane Kee Sambhvna Badee, LT Grade mein bhee TET ho Sakta Hai Lagu -
Model School Niyuktion ke Leeye TET Jaruree Nahin ye Single Bench Ne Kaha thaa, See order - http://naukri-recruitment-result.blogspot.com/2015/05/uptet-sarkari-naukri-news-18-april-2015.html
Aur Neeche Dee gayee Appeal mein Court ne Is Order ko Badle jane aur afresh jaree karne ke aadesh de deey hain
CJ kee Bench NE TET JARUREE KIYE JAANE PAR SEHMATI DEE :- >>>
For any error in reading the same, please brought to our notice so that we will correct, if any
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- SPECIAL APPEAL No. - 249 of 2015
Appellant :- Jitendra Singh Rajpoot
Respondent :- Union Of India Thru. Sec. And 4 Others
Counsel for Appellant :- Shailesh Kumar Shukla
Counsel for Respondent :- C.S.C.,A.S.G.I.2015/0895,H.N. Pandey,R.A. Akhtar
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
An order of dismissal of a writ petition under Article 226 of the Constitution has given rise to the present special appeal. The appellant, who is the original petitioner, sought to challenge an advertisement issued on 17 March 2015 for appointment of trained graduate teachers in State Model Schools in Uttar Pradesh. The grievance of the appellant is that though NCTE has made it mandatory by a notification dated 23 August 2010 to hold a TET qualification, the State has not followed the requirement. The learned Single Judge merely recorded the submission of the counsel for the petitioner and of the Standing Counsel and dismissed the writ petition with the following observations:
"According to the learned counsel for the petitioner after notification of 23.8.2010 and thereafter Right to Free and Compulsory Education Act, 2009 which also prescribes TET as necessary qualification and , therefore the institutions within the State cannot appoint the teachers who do not have TET for teaching classes 1 to 5 and 6 to 8.
Learned Standing Counsel upon instruction submits that TET requirement is not applicable to the Model School as the Model School is affiliated to the CBSC and , therefore, the TET is not required.
In view of the aforesaid , the writ petition has no merit and is dismissed."
Ex facie, there has been no consideration by the learned Single Judge on the merits or tenability of the submission of the appellant. The appellant has relied upon the judgment of a Full Bench of this Court in Shiv Kumar Sharma Vs. State of U.P. and others, [2013 (6) ADJ 310 (FB)], in support of the following propositions:
"1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.
2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.
3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a)."
In our view, the learned Single Judge ought to have considered the submissions and could not have dismissed the writ petition merely on the basis of submissions of the learned Standing Counsel without considering the tenability of the rival contentions. For these reasons, we allow the special appeal and set aside the impugned judgment and order dated 18 April 2015.�
Writ A� No.21167 of 2015 is, accordingly, restored to the file of the learned Single Judge for disposal afresh. It would be open to the learned counsel appearing on behalf of the appellant to apply before the learned Single Judge for expeditious disposal of the writ petition.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
*******************************
Here Delhi High Court said TET is mandatory for TGT Teaachers and candidates lost his/her job due to this fact -
http://naukri-recruitment-result.blogspot.in/2015/04/sarkari-naukri-tgt-teachrs-ke-liye-tet.html
No one can be appointed as a teacher in a school after the passing of the Right to Education Act, 2009 (in short „RTE Act, 2009), read with the notification of National Council for Teacher Education dated 23.8.2010, unless such a person has CTET qualification.
Yahan Par Yachee Keh Raha Hai ki Games ke Rule Beech Mein nahin Badalte, RTE Act Aane Se Pehle ki Bhrtee Hai Ye Tab TET Ki Badhyate Nahin Thee.
Rules of the games cannot be changed mid way because the advertisement did not prescribe the requirement of CTET qualification, in my opinion, this argument if accepted ,
the same will amount to Court becoming a party to gross violation of the statutory provisions and
the statutory notifications as per the RTE Act , 2009
*************
see order -> http://naukri-recruitment-result.blogspot.in/2015/04/uptet-sarkari-naukri-news-tgt-yachee-ne.html
It was also stated that as per the Notification dated 23.08.2010 issued by the National Council for Teacher Education (in short ‘NCTE’), it is mandatory for a candidate to qualify in the Teacher Eligibility Test (in short ‘TET’) which is
conducted by the appropriate Government in accordance with the Guidelines framed in that
regard and if the School had appointed a teacher, who did not qualify the TET, then such an appointment was invalid.
5. When the petitioner failed to receive any response from the respondent No.1/School, she filed a writ petition in this Court, registered as W.P.(C) 3025/2012 praying inter alia that the respondent No.1/School be directed to appoint her to the post of TGT (Hindi).
******************
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
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
Model School Niyuktion ke Leeye TET Jaruree Nahin ye Single Bench Ne Kaha thaa, See order - http://naukri-recruitment-result.blogspot.com/2015/05/uptet-sarkari-naukri-news-18-april-2015.html
Aur Neeche Dee gayee Appeal mein Court ne Is Order ko Badle jane aur afresh jaree karne ke aadesh de deey hain
- TET MANADORY HO SAKTA HAI MODEL SCHOOLS KE LEEYE
CJ kee Bench NE TET JARUREE KIYE JAANE PAR SEHMATI DEE :- >>>
For any error in reading the same, please brought to our notice so that we will correct, if any
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- SPECIAL APPEAL No. - 249 of 2015
Appellant :- Jitendra Singh Rajpoot
Respondent :- Union Of India Thru. Sec. And 4 Others
Counsel for Appellant :- Shailesh Kumar Shukla
Counsel for Respondent :- C.S.C.,A.S.G.I.2015/0895,H.N. Pandey,R.A. Akhtar
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
An order of dismissal of a writ petition under Article 226 of the Constitution has given rise to the present special appeal. The appellant, who is the original petitioner, sought to challenge an advertisement issued on 17 March 2015 for appointment of trained graduate teachers in State Model Schools in Uttar Pradesh. The grievance of the appellant is that though NCTE has made it mandatory by a notification dated 23 August 2010 to hold a TET qualification, the State has not followed the requirement. The learned Single Judge merely recorded the submission of the counsel for the petitioner and of the Standing Counsel and dismissed the writ petition with the following observations:
"According to the learned counsel for the petitioner after notification of 23.8.2010 and thereafter Right to Free and Compulsory Education Act, 2009 which also prescribes TET as necessary qualification and , therefore the institutions within the State cannot appoint the teachers who do not have TET for teaching classes 1 to 5 and 6 to 8.
Learned Standing Counsel upon instruction submits that TET requirement is not applicable to the Model School as the Model School is affiliated to the CBSC and , therefore, the TET is not required.
In view of the aforesaid , the writ petition has no merit and is dismissed."
Ex facie, there has been no consideration by the learned Single Judge on the merits or tenability of the submission of the appellant. The appellant has relied upon the judgment of a Full Bench of this Court in Shiv Kumar Sharma Vs. State of U.P. and others, [2013 (6) ADJ 310 (FB)], in support of the following propositions:
"1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.
2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.
3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a)."
In our view, the learned Single Judge ought to have considered the submissions and could not have dismissed the writ petition merely on the basis of submissions of the learned Standing Counsel without considering the tenability of the rival contentions. For these reasons, we allow the special appeal and set aside the impugned judgment and order dated 18 April 2015.�
Writ A� No.21167 of 2015 is, accordingly, restored to the file of the learned Single Judge for disposal afresh. It would be open to the learned counsel appearing on behalf of the appellant to apply before the learned Single Judge for expeditious disposal of the writ petition.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
*******************************
Here Delhi High Court said TET is mandatory for TGT Teaachers and candidates lost his/her job due to this fact -
http://naukri-recruitment-result.blogspot.in/2015/04/sarkari-naukri-tgt-teachrs-ke-liye-tet.html
No one can be appointed as a teacher in a school after the passing of the Right to Education Act, 2009 (in short „RTE Act, 2009), read with the notification of National Council for Teacher Education dated 23.8.2010, unless such a person has CTET qualification.
Yahan Par Yachee Keh Raha Hai ki Games ke Rule Beech Mein nahin Badalte, RTE Act Aane Se Pehle ki Bhrtee Hai Ye Tab TET Ki Badhyate Nahin Thee.
Rules of the games cannot be changed mid way because the advertisement did not prescribe the requirement of CTET qualification, in my opinion, this argument if accepted ,
the same will amount to Court becoming a party to gross violation of the statutory provisions and
the statutory notifications as per the RTE Act , 2009
*************
see order -> http://naukri-recruitment-result.blogspot.in/2015/04/uptet-sarkari-naukri-news-tgt-yachee-ne.html
It was also stated that as per the Notification dated 23.08.2010 issued by the National Council for Teacher Education (in short ‘NCTE’), it is mandatory for a candidate to qualify in the Teacher Eligibility Test (in short ‘TET’) which is
conducted by the appropriate Government in accordance with the Guidelines framed in that
regard and if the School had appointed a teacher, who did not qualify the TET, then such an appointment was invalid.
5. When the petitioner failed to receive any response from the respondent No.1/School, she filed a writ petition in this Court, registered as W.P.(C) 3025/2012 praying inter alia that the respondent No.1/School be directed to appoint her to the post of TGT (Hindi).
******************
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
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
