Telangana Residential Educational Institutions Recruitment Board (TREI-RB) Recruitment Details Last Date 8 September 2018

Telangana Residential Educational Institutions Recruitment Board (TREI-RB) Recruitment Details Last Date 8 September 2018

Junior Lecturer ( BA. B.Ed / B.Sc., M.A, M.Sc., Post Graduate)

Address: 4th- Floor, DSS Bhavan, Oppsite of Chacha Nehru Park, Masabtank,  Hyderabad, Telangana  500028

Pay scale ( वेतन ) : INR Please check with the concern authorty or website

Educational requirements ( शैक्षिक आवश्यकता ) : A post Graduate Degree in the subject concerned (or its equivalent) (Table-I) with at least 50% marks in aggregate from a University recognized by the UGC. Incase of SC/ST/BC/ Differently abled candidates, the minimum marks shall be 45%. And Bachelor of Education (B.Ed) or BA. B.Ed/B.Sc., B.Ed., from any institution recognized by NCTE with the subject concerned as a Methodology subject.

No of vacancies ( रिक्तियों की संख्या ) : 281

Age limit ( आयु सीमा ) : Minimum 18 years & Maximum 44* years

Job Posted on 2018/08/06 1:02:15

Last date to apply for this job ( अंतिम तारीख ) : 2018/09/08

How to apply Telangana Residential Educational Institutions Recruitment Board (TREI-RB) Vacancy ( आवेदन कैसे करे ) : The Applicants have to read the User Guide for Online Submission of Applications and then proceed further. I STEP: The Candidate has to visit the WEBSITE www.treirb.telangana.gov.in and apply online, candidates have to ensure that there are no mistakes in it. The Board bears no responsibility for the mistakes, if any, made by the candidates. Last date for submission of ONLINE applications Dt: 08.09.2018

Other Qualification Details: 
1. Scale of Pay Rs. 35,120-  87,130 - 37,100- 91,450.

2. Academic Qualifications: A post Graduate Degree in the subject concerned (or its equivalent) (Table-I) with at least 50% marks in aggregate from a University recognized by the UGC. Incase of SC/ST/BC/ Differently abled candidates, the minimum marks shall be 45%. And Bachelor of Education (B.Ed) or BA. B.Ed/B.Sc., B.Ed., from any institution recognized by NCTE with the subject concerned as a Methodology subject.

3. Name of Post: Subjects in Post Graduation
a. Junior Lecturer in Telugu - M.A. in Telugu OR M.O.L. in Oriental Languages in the concerned subject.
b. Junior Lecturer in English - M.A. in English
c. Junior Lecture in Urdu - M.A. in Urdu
d. Junior Lecturer in Mathematics - M.A./M.Sc.in Mathematics/ Applied Mathematics/ Statistics/ Applied Statistics/A.O. Maths of Nagarjuna University/Pure Mathematics of Central University of Hyderabad/ Maths & Computer Science.
e. Junior Lecturer in Physics - M.Sc. in Physics/ Applied Physics/ Electronics/ Applied Electronics of Osmania University / Nuclear Physics of Andhra University/ Meteorology and Oceanography / Engineering Physics and Instrumentation of Osmania University / M.Sc. (Tech) Co-Physics
f. Junior Lecturer in Chemistry - M.Sc. in Chemistry/ In organic Chemistry/Analytical Chemistry / Nuclear Chemistry/Organic Chemistry/ Physical Chemistry/ Environmental Chemistry/Mineral Chemistry/ Fertilisers and Agro Chemicals/Phyto Chemistry and Forest Products/ Chemistry of food and Drugs/Synthetic Chemistry/ Applied Chemistry/ Associate ship exam in Chemistry/ Medicinal Chemistry of Osmania University.
g. Junior Lecturer in Botany - M.Sc. in Bio Science of Andhra University/Bioloical Sciences of Osmania University/Plant Science of Krishnadevaraya and Osmania University/ Environmental Biology of Nagarjuna University/ Modern Biology of Maratwada University/ Experimental Biology of Saurashtra University/Bio Technology/ Life Sciences of Indore University/ Marine Biology of Andhra University/ Botany/ Micro-Biology.
h. Junior Lecturer in Zoology: M.Sc. in Zoology/Biological Sciences of Andhra University/Biological Sciences of Osmania University /Animal Biology of S.V. University/Environmental Biology of Nagarjuna University/Marine Biology of Karnataka University/Modern Biology of Marathwada University/Experimental Biology of Saurashtra University/Life Science of Indore University.
i. Junior Lecturer in Economics - M.A. in Economics/ Applied Economics/ Mathematical Economics/Rural Development
j. Junior Lecturer in Commerce - M.Com. in Commerce/M.F.A. (Master of Financial Analysis) renamed as M.Com (Financial Accounting) of Kakathiya University having B.Com at graduation level should alone be considered.
k. Junior Lecturer in Civics: M.A. in Political Science/Public Administration.
l. Junior Lecturer in History - M.A. in History/Ancient History and Archaeology.

Age: Minimum 18 years - Maximum 44 years.

Application Fee: (Remittance of Fee) Each applicant must pay Rs.1200/- (Rupees Twelve Hundred Only) towards Application Processing Fee and Examination Fee. However, local applicants of Telangana State belonging to SC, ST, BC and PH have to pay Rs.600/- (Rupees Six Hundred Only) each towards application processing fee and examination fee.

General Information

1. Applicant must compulsorily fill-up all relevant columns of application and submit application through online only. The particulars made available in the website shall be processed through computer and the eligibility decided in terms of notification.

2. The applications will be received online in the prescribed proforma available in the website for a stipulated period of time and the Board will not be held responsible for any kind of discrepancy.

3. Applicant must upload his/her own scanned photo and signature through J.P.G format. The applicants should not furnish any particulars that are false, tampered, fabricated or suppress any material / information while submitting an application through online. For such illegal activities, criminal action shall be initiated against them.

4. All the essential certificates issued by the competent authority of Telangana State shall compulsorily be kept with the applicants to produce as and when required to do so. Failure to produce the required certificates on the day of verification will lead to disqualification for further exams as well.

5. Important – The claim of the candidates with regard to the date of birth, educational / technical qualifications, experience and community are accepted only provisionally on the information furnished by them in their application form and is subject to verification and satisfaction of the Board. Mere admission to any test or interview or inclusion of the name of a candidate in a Merit List will not confer on the candidate any right for appointment. The candidature is, therefore, provisional at all stages and the Board reserves the right to reject candidature at any stage of the selection even after the advice has been made. The applicants should be willing to serve anywhere in Telangana State

Documents

1. The following certificates must be kept ready by the candidates for the purpose of verification and also at the time of making online application.
i). Aadhar card.
ii). Proof of Educational Qualifications.
iii). Date of Birth Certificate / S.S.C.
iv). School Study Certificate.
v). No Objection Certificate from Employer (if anywhere employed)
vi). Other certificates if any.

2. The following Certificates should be obtained from Govt. of Telangana State in prescribed proforma for the purpose of verification.
i). Community Certificate.
ii). Non-Creamy Layer Certificate as per Form- VIIB / Creamy Layer Certificate as per Form- VIIC.
iii). Certificate of Residence / Nativity (where the Candidates not studied in School / Private Study).

3. The following Certificates (whichever is applicable) should be obtained from Competent Medical authority for the purpose of verification.
a) Medical Certificate for the Blind.
b) Certificate of Hearing Disability and Hearing Assessment.
c) Medical Certificate in respect of Orthopaedically Handicapped Candidates.

Selection Procedure

Selection Will be Based either Written Exam/Interview

How to Apply

I STEP: The Candidate has to visit the WEBSITE www.treirb.telangana.gov.in and apply online, candidates have to ensure that there are no mistakes in it. The Board bears no responsibility for the mistakes, if any, made by the candidates.

II STEP:- After entering the details in the Portal, the applicant will proceed to payment gateway.

III STEP:-The applicant should pay the prescribed fee as specified through any of the three modes viz. Debit Card, Credit Card and Net Banking. Separate instructions have to be followed for each mode of payment.

V STEP:-After payment of fee and after filling the entire application form, the PDF Application will be generated which contains the particulars furnished by the candidates. The ID No in the PDF Application form has to be quoted for future reference/correspondence.

5. Hand written/ Typed/ Photostat copies/ outside printed Application Form will not be accepted and liable for rejection. For any Technical problems related to Online submission and downloading of HallTickets please contact 7032619292 (Timings: 10.30 A.M to 1.00 P.M & 1.30 P.M to 5.30 P.M) or mail to helpline.treirb@gmail.com.

6. Important Dates:
a. Submission of ONLINE applications starts from Dt:09.08.2018.
b. Last date for submission of ONLINE applications Dt: 08.09.2018.
c. . Examination schedule would be displayed in the Board Website.
d. Hall Tickets can be downloaded 07 days before commencement of Examination.
e. All the question papers (Paper-I, II & III) except Languages will be supplied in English version only (Paper-I & II are common for all subjects).

Official Notification : https://www.treirb.org/UserFiles/JLNotification.pdf

Apply Online Click here :-> https://www.treirb.org/Login.aspx

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Transfer News - कोर्ट : पुरुष शिक्षकों को महिलाओं की तरह अंतर्जनपदीय स्थानतंत्रण का लाभ नहीं मिलेगा, मयूचल ट्रांसफर भी नहीं

Transfer News - कोर्ट : पुरुष शिक्षकों को महिलाओं की तरह अंतर्जनपदीय स्थानतंत्रण का लाभ नहीं मिलेगा, मयूचल ट्रांसफर भी नहीं 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 
Case :- WRIT - A No. - 17151 of 2018 
Petitioner :- Abdul Qayyum 
Respondent :- U.P. Basic Education Board Allahabad And 3 Others 
Counsel for Petitioner :- Ashwini Kumar Srivastava 
Counsel for Respondent :- C.S.C.,Ram Bilas Yadav,Shivam Yadav 

Hon'ble Surya Prakash Kesarwani,J. 
The petitioner is an Assistant teacher in a Basic School in District - Agra. He wants his Transfer to District - Meerut. The Controversy with regard to transfer of Male Assistant Teachers in terms of the Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 and Rule 8(2) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 were considered by this Court in WRIT - A No. - 16178 of 2018 (Lalit Mohan Bhardwaj Vs. State Of U.P. And 4 Others), which was dismissed by order dated 30.07.2018, as under: 
"Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents. 
This writ petition has been filed by the petitioner praying for the following relief: 
"I. Issue a writ, order or direction in the nature of mandamus for issuance of necessary direction to the respondent No.3, the Secretary, Basic Shiksha Parishad at Allahabad to pass an appropriate order for consideration the grievance of petitioner as per Rule 8(2)(F) of U.P. Basic Education (Teachers) (Posting) Rules 2008, as amended Rule 2010, as well as Rule 21 of the Rules U.P. Basic Education (Teachers Services ) Rules, 1981. 
II. Issue a writ, order or direction in the nature of mandamus for issuance of necessary direction to the respondent No.3, the Secretary, Basic Shiksha Parishad at Allahabad to decide the representation of the petitioner dated 25.5.2018 (Annexure No.4)". 
Learned counsel for the petitioner submits that the application of the petitioner for transfer from District - Lakhimpur Khiri to District - Shamli, may be considered in terms of Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008. Rule 8(2) of the Rules, provides as under: 
"8. Posting. - (2)(a) The newly appointed male teachers shall initially be posted compulsorily in backward area for a period of at least five years. 
(b) Newly appointed female teachers shall also be compulsorily posted in backward area for a period of at least two years. 
(c) Mutual transfers within the district from general block of backward block and vice-versa would be permitted with the condition that the teacher on mutual transfer to a backward block shall have to serve in that block compulsorily for five years. Mutual transfers would be permitted only in case of those teachers who have more than remaining five year's service. 
(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district. 
(e) If by virtue of posting of newly appointed or promoted teachers the primary and upper primary schools of backward blocks get saturated i.e., no post of teacher is vacant in these schools, then handicapped and female teachers on their choice can be adjusted against the vacant posts of general blocks from these saturated blocks. 
(f) Mutual transfers of male/female teachers from one backward blocks to another can be considered. 
(3) Teachers transferred from one district to another will be given posting as per the provisions of these rules." 
The petitioner is a male Assistant Teacher who was appointed by appointment letter dated 14.11.2015, in Primary School Imaliya, Block Esanagar, District - Lakhimpur Khiri. Learned counsel for the petitioner admits that his initial appointment as aforementioned was made in a backward area. Clause (a) of sub-Rule 2 of Rule 8 specifically provides that the newly appointed male teacher shall initially be posted compulsorily in backward areas for a period of at least 5 years. The petitioner has not yet served in the aforesaid backward area for minimum period of 5 years. Clause (c) of sub-Rule 2 of Rule 8 provides for mutual transfer within the District, which is not applicable to the case of the petitioner. Clause (d) of sub-Rule 2 of Rule 8 specifically provides that in normal circumstances the applications for inter-district transfers in respect of male and female teacher will not be entertained within five years of their posting. An exception has been carved out for female teachers that in special circumstances, applications for inter-district transfer in respect of female teachers would be entertained for transfer to the place of residence of their husband or in-laws Districts. The petitioner is a male teacher. Therefore, the exception carved out in Clause (d) of sub-Rule 2 of Rule 8 is not applicable to the petitioner. Clause (f) of sub-Rule 2 of Rule 8 provides that mutual transfers of male/female teachers from one backward blocks to another can be considered. The relief sought by the petitioner in the present writ petition is not for his mutual transfer from one block to another. The petitioner wants his transfer to another District. Therefore Clause (f) is also not applicable in the matter of the petitioner. 
In view of the aforesaid, no relief can be granted to the petitioner. Consequently, the writ petition is dismissed." 
Following the aforesaid decision, this writ petition is also dismissed.� 
Order Date :- 10.8.2018/vkg



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Transfer News - कोर्ट ने माना कि महिलाओं को नियमानुसार 8(d) के तहत ट्रांसफर मिलना चाहिए, लेकिन इसके लिए सचिव को प्रत्यावेदन देना होगा, अब सभी फैसले इस आरती पाल की याचिका आधारित आ रहे हैं -

Transfer News - कोर्ट ने माना कि महिलाओं को नियमानुसार 8(d) के तहत ट्रांसफर मिलना चाहिए, लेकिन  इसके लिए सचिव को प्रत्यावेदन देना होगा, अब सभी फैसले इस आरती पाल की याचिका आधारित आ रहे हैं  - 

Hence, in my view, in spite of the Government Order dated 3.5.2017 a female teacher's application for her transfer on the ground of couple posting or in-laws can be entertained notwithstanding some of the contrary provisions of the said Government order. 
For the above-mentioned reasons, there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008. 
Accordingly, a direction is issued upon the first respondent i.e. Principal Secretary Basic Education, U.P. Civil Services Secretariat, Lucknow to consider the representation of the petitioner in the light of the observations made herein-above and pass appropriate order expeditiously, preferably within six weeks from the date of communication of this order. 

The writ petition is, accordingly, disposed of. 



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 23 

Case :- SERVICE SINGLE No. - 16712 of 2018 

Petitioner :- Smt. Arti Pal 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. And Ors. 
Counsel for Petitioner :- Alok Kumar Srivastava,Akash Dikshit 
Counsel for Respondent :- C.S.C.,Ajay Kumar,J.B.S. Rathour 

Hon'ble Irshad Ali,J. 
Heard learned counsel for petitioners. 
Learned Chief Standing counsel has accepted notice on behalf of respondent nos. 1, Sri J.B.S. Rathour, learned counsel has accepted notice on behalf of respondent no. 3 and Sri Ajay Kumar, learned counsel has accepted notice on behalf of respondent nos. 2 and 4. 
The petitioner is Assistant teacher in Primary School Hemmapur, Block Baldirai, District Sultanpur since 20.9.2025. The husband of the petitioner has also been granted appointed on the post of teacher in an institution which is aided and recognized under the provision of U.P. Basic Education Act, 1972 and is receiving aid from the State Government. The petitioner moved an application on 21.5.2018 on the ground that the family of hte husband of the petitioner is residing at District Hardoi and her mother-in-law is suffering from ill health, so that she may be transferred at District Hardoi. 
Learned counsel for the petitioners submits that Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 deals with the posting and transfer of the teachers working in Junior Basic Schools and Senior Basic Schools run by the Board. 
The Rule 8(d) of the Rules, 2008 provides that in normal circumstances the applications for inter-district transfers can be entertained of only those teachers who have completed five years of their posting, however, the exception is provided that an application of a female teacher for her transfer at the place of her husband or in-laws would be entertained. 
It is contended by learned counsel for the petitioner that in case the petitioner is directed to submit on-line application in terms of Government Order dated 3.5.2017, in that event the petitioner would not be eligible for transfer as she has not completed five years of requisite service. 
Learned counsel for the petitioner has placed reliance on a judgment of Full Bench of this Court in the case of R.B. Dixit v. Union of India and others, (2005) 1 UPLBEC 83. 
Sri Ghaus Beg and Sri Vindhya Washini Kumar, learned Advocates, who have put in appearance on behalf of the District Basic Education Officer submit that the State Government has issued guidelines on 13.6.2017 in respect of inter-district transfer of the assistant teachers of Junior Basic Schools and Senior Basic Schools for the session 2017-18. They further submit that on-line applications would be accepted from 16th to 29th January, 2018 and the procedure has been laid down under the said guidelines. 
I have heard learned counsel for the parties. With their consent the writ petition is being disposed of finally at this stage in terms of the Rules of the Court. 
The Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 have been framed under Section 19(1) of the U.P. Basic Education Act, 1972. The Rule 8(d) provides as under: 
"(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district." 
From a reading of the aforesaid Rule it is evident that under the special circumstances an application of a female teacher can be entertained for her transfer at the place of residence of her husband or in-law's district. In such cases the requirement of five years of posting has been relaxed. 
It is a well settled law that the Government Order cannot supplant the law, it can only supplement it. Indisputably, an executive order cannot override the Rules which have been framed by the rule making authority in exercise of powers conferred upon it by the Act. In case of any inconsistency with the delegated legislation, executive instructions or the Government Order, the Rule cannot be ignored. The same issue fell for consideration before a Division Bench of this Court in R.B. Dixit (supra) in the following terms: 
"6. We have held in Smart Chip v. State of U.P., 2002 (49) ALR 419, that in every legal system there is a hierarchy of norms as noted by the eminent jurist Kelson in his Pure Theory of Law. In the Indian Legal System this hierarchy is as follows: 
1. The Constitution. 
2. Statutory law, which may either be made by the Parliament or by the State legislature. 
3. Delegated legislation, which may be either in the form of Rules, Regulations or Statutes made under the Act. 
4. Executive instructions or Government Orders. 
7. In the above hierarchy if there is conflict between a higher law and a lower law then the higher law will prevail. The executive instructions are part of the fourth layer in the hierarchy, which is at the lowest level, whereas an Act is part of the second layer and the Statutes made under the Act are delegated legislation and hence part of the third layer. The letters dated 31.8.1998 and 30.3.1999 are only executive instructions and hence they belong to the fourth layer. Hence they are neither Act nor Statutes. Hence in our opinion the age of retirement of an employee of the Indian Institute of technology is 60 years and not 62 years vide Section 13(2). We, therefore, respectfully disagree with the decision in Raja Ram Verma's case." 
This issue has been considered by this Court in the case of Sarita Gupta v. State of U.P. & Others, Writ-A No. 7096 of 2010, decided on 30.7.2010. The Court had occasion to deal with the similar arguments and at that time a Government order was issued imposing certain restrictions on transfer. The Court has expressed its view in the following terms: 
"The ban is general in nature. However, the provision of transfer for the purposes of placing husband and wife in the same district is a special provision which will normally prevail upon general temporary restriction on transfer. 
Accordingly, writ petition is allowed. Impugned order is set aside. Secretary, U.P. Basic Shiksha Parishad, Allahabad is directed to decide the matter ignoring the ban order dated 6.6.2009. The decision shall be taken positively within three weeks from today." 
It is trite that in most of the services of the Central Government and the State Governments, there is provision in their transfer policy that an endeavour should be made that husband and wife may be posted at the same place. In view of the said principle, under the Rules 2008 the provision of the couple posting has been incorporated. 
The intention of rule making authority is very clear and it needs no elaboration.Relevant it would be to mention that in transfer policy of State Government for Government employees there is provision only for husband and wife but in Rule 8(d) of the Rules, 2008 the in-laws of the female teachers have also been included. Hence, in my view, in spite of the Government Order dated 3.5.2017 a female teacher's application for her transfer on the ground of couple posting or in-laws can be entertained notwithstanding some of the contrary provisions of the said Government order. 
For the above-mentioned reasons, there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008. 
Accordingly, a direction is issued upon the first respondent i.e. Principal Secretary Basic Education, U.P. Civil Services Secretariat, Lucknow to consider the representation of the petitioner in the light of the observations made herein-above and pass appropriate order expeditiously, preferably within six weeks from the date of communication of this order. 
The writ petition is, accordingly, disposed of. 
No order as to costs. 
Order Date :- 2.7.2018 
Manoj



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UPTET News - प्रमोशन में टी ई टी की अनिवार्यता के विरुद्द याचिका, कोर्ट ने सरकार से जवाब दाखिल करने को कहा

UPTET  News - प्रमोशन में टी ई टी की अनिवार्यता के विरुद्द याचिका, कोर्ट ने सरकार से जवाब दाखिल करने को कहा

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 23 

Case :- SERVICE SINGLE No. - 22191 of 2018 

Petitioner :- Durre Shahwar Zaheer And Anr. 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. And Ors. 
Counsel for Petitioner :- Surya Kumar 
Counsel for Respondent :- C.S.C.,Rajiv Singh Chauhan 

Hon'ble Manoj Kumar Gupta,J. 
Learned counsel for the petitioners is permitted to implead National Council for Teacher Education as respondent no.5 to the writ petition during course of the day. He shall also serve a copy of the writ petition upon learned counsel representing the said respondent before this Court and shall also intimate him about the next date fixed in the instant matter in writing.� 
Basically two questions arise for consideration in the instant petition. The first is whether T.E.T. is the minimum eligibility qualification required under N.C.T.E's. notification dated 12.11.2014 for considering a teacher for promotion as Headmaster of Junior High School and Assistant Teacher/Headmaster of Senior Basic School and second, whether the respondents are proceeding to accord consideration to candidates who do not possess T.E.T. qualification. 
Learned counsel for respondents no.3 and 4 seeks time to obtain instructions in the matter. 
Put up as fresh on 13.8.2018. 
(Manoj Kumar Gupta, J)�� 
Order Date :- 6.8.2018 
SL




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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET  ,
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CTET प्राथमिक लेवल परीक्षा के लिए B Ed धारी भी पात्र !

CTET प्राथमिक लेवल परीक्षा के लिए B Ed धारी भी पात्र ?


CTET परीक्षा कराने वाली संस्था CBSE  जिस NCTE गाइड लाइंस के तहत परीक्षा करती है और अपने होम पेज पर उसका उल्लेख भी किया हुआ है | 
In accordance with the provisions of sub-section (1) of Section 23 of the RTE Act, the National Council for Teacher Education (NCTE) vide Notification dated 23rd August, 2010 and 29th JULY, 2011

उस 29 जुलाई 2011 के नोटिफिकेशन में सशोधन हो चुका है और प्राथमिक शिक्षक बनने के लिए टेट लेवल -1 परीक्षा के लिए अब B Ed धारी भी पात्र हैं | 
See here : http://ncte-india.org/ncte_new/pdf/Gazette_notification.pdf

गजट / राजपत्र नोटिफिकेशन को तत्काल प्रभाव से लागु किया जाता है , ऐसा के वी एस 2011 की भर्ती के मध्य में तत्काल प्रभाव से टेट को लागु करके भी हुआ था , और सभी सरकारी भर्तियों के मध्य में परिवर्तन कर टेट लागु हुआ था | 

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 Elementary Education (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

A

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CTET - बी एड डिग्री धारकों ने CTET प्राथमिक लेवल परीक्षा में शामिल न करने पर CBSE निदेशक को लिखा पत्र , सोशल मीडिया पर वायरल

CTET  - बी एड डिग्री धारकों ने CTET प्राथमिक लेवल परीक्षा में शामिल न करने पर CBSE निदेशक को लिखा पत्र , सोशल मीडिया पर वायरल 

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CTET News - - CTET 2018: सीटीईटी के आवेदन शुरू, बीएड डिग्रीधारियों को प्राथमिक में मौका नहीं, तीन बार बदला नोटिफिकेशन

CTET News - - 

CTET 2018: सीटीईटी के आवेदन शुरू, बीएड डिग्रीधारियों को प्राथमिक में मौका नहीं, तीन बार बदला नोटिफिकेशन

दो साल बाद होने जा रही केंद्रीय माध्यमिक शिक्षा बोर्ड की केंद्रीय शिक्षक पात्रता परीक्षा (सीटीईटी) के प्राथमिक स्तर से बीएड डिग्रीधारियों को बाहर कर दिया गया है। सीबीएसई ने बुधवार को बड़े ही नाटकीय घटनाक्रम में सीटीईटी की अधिसूचना को तीन बार बदला और आखिरकार बीएड डिग्रीधारियों को बाहर का रास्ता दिखा दिया।

बुधवार को पहले नोटिफिकेशन में प्राथमिक स्तर की सीटीईटी में बीएड डिग्री शामिल नहीं थी। इसे संशोधित करते हुए दोबारा बीएड को मान्य करते हुए अधिसूचना जारी की गई। लेकिन तकरीबन एक घंटे बाद फिर अधिसूचना में संशोधन करते हुए बीएड को बाहर कर दिया गया। सीबीएसई के इस कदम से विवाद की स्थिति पैदा होना तय है।
राष्ट्रीय अध्यापक शिक्षा परिषद (एनसीटीई) के 28 जून 2018 को अपने नियमों में संशोधन करते हुए बीएड डिग्रीधारियों को प्राथमिक स्तर की परीक्षा के लिए मान्य कर लिया था।

ऐसे में सीबीएसई द्वारा उन्हें बाहर किये जाने पर विवाद होना तय है क्योंकि शैक्षिक अर्हता का निर्धारण एनसीटीई करती है। उच्च प्राथमिक स्तर में बीएड पहले से मान्य है।
ऑनलाइन आवेदन बुधवार से शुरू हो गये और अभ्यर्थी 27 अगस्त तक फार्म भर सकते हैं।

हालांकि अभी परीक्षा की तारीख घोषित नहीं की गई है। सीबीएसई ने जून के पहले सप्ताह में भी सीटीईटी के लिए नोटिफिकेशन जारी किया था। उस समय परीक्षा तिथि 16 सितंबर निर्धारित की गई थी। लेकिन 19 जून को सीबीएसई ने अपरिहार्य कारणों से फार्म भरने की तिथि स्थगित कर दी थी।
उत्तर प्रदेश सरकार ने प्राथमिक और उच्च प्राथमिक स्कूलों में शिक्षक भर्ती के लिए यूपी-टीईटी के अलावा सीटीईटी को भी मान्य किया है। यही कारण है कि बड़ी संख्या में अभ्यर्थी सीटीईटी के लिए आवेदन करते हैं

 UPTET  / टीईटी / TET - Teacher EligibilityTest Updates /   Teacher Recruitment  / शिक्षक भर्ती /  SARKARI NAUKRI NEWS  
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET  ,
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, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
 

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Supreme Court : सुप्रीम कोर्ट ने अपने कड़े शब्दों में कहा की 730 दिन की चाइल्ड केयर लीव एक साथ ली जा सकती है , रूल में कहीं नहीं लिखा की लगातार नहीं ली जा सकती , सरकारी पक्ष ने बिना किसी कारण से लीव घटाकर 45 दिन कर दी , जो की नियम विरुद्ध है

Supreme Court : सुप्रीम कोर्ट ने अपने कड़े शब्दों में कहा की 730 दिन की चाइल्ड केयर लीव एक साथ ली जा सकती है , रूल में कहीं नहीं लिखा की लगातार नहीं ली जा सकती , सरकारी पक्ष ने बिना किसी कारण से लीव घटाकर 45 दिन कर दी , जो की नियम विरुद्ध है 


Supreme Court of India
Kakali Ghosh vs Chief Secy. A & N Administration

Author: ………………………………………………….J.
Bench: Sudhansu Jyoti Mukhopadhaya, V. Gopala Gowda
                                                                             REPORTABLE
                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4506 OF 2014
                 (arising out of SLP (C) No. 33244 of 2012)

KAKALI GHOSH                                             … APPELLANT

                                   VERSUS

CHIEF SECRETARY,
ANDAMAN & NICOBAR
ADMINISTRATION AND ORS.                        … RESPONDENTS

                               J U D G M E N T
Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. This appeal has been directed against the judgment dated 18th September, 2012 passed by the High Court of Calcutta, Circuit Bench at Port Blair. By the impugned judgment, the Division Bench of the Calcutta High Court allowed the writ petition and set aside the judgment and order dated 30th April, 2012 passed by the Central Administrative Tribunal Calcutta, Circuit Bench at Port Blair (hereinafter referred to as, ‘the Tribunal’).

3. The only question which requires to be determined in this appeal is whether a woman employee of the Central Government can ask for uninterrupted 730 days of Child Care Leave (hereinafter referred to as, - ‘the CCL’) under Rule 43-C of the Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as, ‘the Rules’).

4. The appellant initially applied for CCL for six months commencing from 5th July, 2011 by her letter dated 16th May, 2011 to take care of her son who was in 10th standard. In her application, she intimated that she is the only person to look after her minor son and her mother is a heart patient and has not recovered from the shock due to the sudden demise of her father; her father-in-law is almost bed ridden and in such circumstances, she was not in a position to perform her duties effectively. While her application was pending, she was transferred to Campbell Bay in Nicobar District (Andaman and Nicobar) where she joined on 06th July, 2011. By her subsequent letter dated 14th February, 2012 she requested the competent authority to allow her to avail CCL for two years commencing from 21st May, 2012. However, the authorities allowed only 45 days of CCL by their Office Order No. 254 dated 16th March, 2012.

5. Aggrieved appellant then moved before the Tribunal in O.A. No.47/A&N/2012 which allowed the application by order dated 30th April, 2012 with following observation:-

“12. Thus O.A. is allowed. Respondents are accordingly directed to act strictly in accordance with DOPT O.M. dated 11.9.2008 as amended/clarified on 29.9.2008 and 18.11.2008, granting her CCL for the due period. No costs.”
6. The order passed by the Tribunal was challenged by respondents before the Calcutta High Court which by impugned judgment and order dated 18th September, 2012 while observing that leave cannot be claimed as a right, held as follows:

“It is evident from the provisions of sub r.(3) of r.43-C of the rules that CCL can be granted only according to the conditions mentioned in the sub-rule, and that one of the conditions is that CCL shall not be granted for more than three spells in a calendar year. It means that CCL is not to be granted for a continuous period, but only in spells.
From the provisions of sub r.(3) of r.43-C of the rules it is also evident that a spell of CCL can be for as less as 16 days. This means that in a given case a person, though eligible to take CCL for a maximum period of 730 days, can be granted CCL in three spells in a calendar year for as less as 48 days.” The High Court further observed:
“Whether an eligible person should be granted CCL at all, and, if so, for what period, are questions to be decided by the competent authority; for the person is to work in the interest of public service, and ignoring public service exigencies that must prevail over private exigencies no leave can be granted.”
7. Learned counsel for the appellant submitted that there is no bar to grant uninterrupted 730 days of CCL under Rule 43-C. The High Court was not justified in holding that CCL can be granted in three spells in a calendar year as less as 48 days at a time. It was also contended that the respondents failed to record ground to deny uninterrupted CCL to appellant for the rest of the period.

8. Per contra, according to respondents, Rule 43-C does not permit uninterrupted CCL for 730 days as held by the High Court.

9. Before we proceed to discuss the merits or otherwise of the above contentions, it will be necessary for us to refer the relevant Rule and the guidelines issued by the Government of India from time to time.

10. The Government of India from its Department of Personnel and Training vide O.M. No. 13018/2/2008-Estt. (L) dated 11th September, 2008 intimated that CCL can be granted for maximum period of 730 days during the entire service period to a woman government employee for taking care of up to two children, relevant portion of which reads as follows:

“(1) Child Care Leave for 730 days.
*** Women employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service for taking care of up to two children, whether for rearing or to look after any of their needs like examination, sickness, etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older. During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It may be availed of in more than one spell. Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate). It may be combined with leave of the kind due and admissible.”
11. It was followed by Circular issued by Government of India from its Personnel and Training Department vide O.M. No. 13018/2/2008- Estt. (L), dated 29th September, 2008 by which it was clarified that CCL would be also admissible to a woman government employee to look after third child below 18 years of age, which is as follows:

“(2) Clarifications:-
The question as to whether child care leave would be admissible for the third child below the age of 18 years and the procedure for grant of child care leave have been under consideration in this Department, and it has now been decided as follows:-
i) Child Care Leave shall be admissible for two eldest surviving children only.
ii) The leave account for child care leave shall be maintained in the pro forma enclosed, and it shall be kept along with the Service Book of the Government Servant concerned.”
12. Rule 43-C was subsequently inserted by Government of India, Department of Personnel and Training, Notification No. F.No. 11012/1/2009- Estt. (L) dated 1st December, 2009, published in G.S.R. No. 170 in the Gazette of India dated 5th December, 2009 giving effect from 1st September, 2008 as quoted below:-

“43-C. Child Care Leave
1) A women Government servant having minor children below the age of eighteen years and who has no earned leave at her credit, may be granted child care leave by an authority competent to grant leave, for a maximum period of two years, i.e. 730 days during the entire service for taking care of up to two children, whether for rearing or to look after any of their needs like examination, sickness, etc.
2) During the period of child care leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
3) Child care leave may be combined with leave of any other kind.
4) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave not exceeding 60 days and leave not due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).
5) Child care leave may be availed of in more than one spell.
6) Child care leave shall not be debited against the leave account.”
13. On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc. Sub Rule (3) of Rule 43-C allows woman government employee to combine CCL with leave of any other kind. Under Sub Rule (4) of Rule 43- C leave of the kind due and admissible to woman government employee including commuted leave not exceeding 60 days; leave not due up to a maximum of one year, can be applied for and granted in continuation with CCL granted under Sub Rule (1). From plain reading of Sub Rules (3) and (4) of Rule 43-C it is clear that CCL even beyond 730 days can be granted by combining other leave if due. The finding of the High Court is based neither on Rule 43-C nor on guidelines issued by the Central Government. The Tribunal was correct in directing the respondents to act strictly in accordance with the guidelines issued by the Government of India and Rule 43-C.

14. In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL. This is apparent from the fact that the competent authority allowed 45 days of CCL in favour of the appellant. However, no reason has been shown by the competent authority for disallowing rest of the period of leave.

15. Leave cannot be claimed as of right as per Rule 7, which reads as follows:

“7. Right to leave (1) Leave cannot be claimed as of right.
(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.” However, under Sub-Rule (2) of Rule 7 leave can be refused or revoked by the competent authority in the case of exigencies of public service.

16. In fact, Government of India from its Ministry of Home Affairs and Department of Personnel and Training all the time encourage the government employees to take leave regularly, preferably annually by its Circular issued by the Government of India M.H.A.O.M. No. 6/51/60-Ests. (A), dated 25th January, 1961, reiterated vide Government of India letter dated 22/27th March, 2001. As per those circulars where all applications for leave cannot, in the interest of public service, be granted at the same time, the leave sanctioning authority may draw up phased programme for the grant of leave to the applicants by turn with due regard to the principles enunciated under the aforesaid circulars.

17. In the present case the respondents have not shown any reason to refuse 730 days continuous leave. The grounds taken by them and as held by High Court cannot be accepted for the reasons mentioned above.

18. For the reasons aforesaid, we set aside the impugned judgment dated 18th September, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgment and order dated 30th April, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/production of this judgment.

19. The appeal is allowed with aforesaid directions. No costs.

………………………………………………….J.

(SUDHANSU JYOTI MUKHOPADHAYA) ……………………………………………….J.

(V. GOPALA GOWDA) NEW DELHI, APRIL 15, 2014.

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शिशु पालन अवकाश 1 साल की मांग में एकतरफा कटौती कर 1 महीने को करने पर कोर्ट ने जताई नाराजगी , सरकारी पक्ष ने बताया ट्रांसफर से बचने का तरीका , लेकिन कोर्ट ने समीक्षा कर 1 साल शिशु पालन अवकाश मान्य किया

शिशु पालन अवकाश 1  साल की  मांग में एकतरफा कटौती कर 1  महीने को करने पर कोर्ट ने जताई नाराजगी , सरकारी पक्ष ने बताया ट्रांसफर से बचने का तरीका , लेकिन कोर्ट ने समीक्षा कर 1 साल शिशु पालन अवकाश मान्य किया 

Madras High Court
K.Subha vs The Deputy Inspector General Of ... on 4 March, 2013
     

 

 

 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2013

CORAM

THE HONOURABLE MR.JUSTICE K.CHANDRU

W.P.No.31503 of 2012






K.Subha .. Petitioner

Vs.

1.The Deputy Inspector General of Police,
   Group Centre, Central Reserve Police Force,
   Avadi, Chennai
   Tamil Nadu.

2.The Inspector General of Police,
   Central Reserve Police Force,
   Banjara Hills Southern Sector,
   Andhra Pradesh.

3.The Director General of Police,
   Central Reserve Police Force,
   CGO Complex Lodhi Road,
   New Delhi. .. Respondents





This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to extend the child care leave from 30 days sanctioned on the first respondent's letter dated Nil 10.2012 No.L.11.,16/2012 SRC-1-GC to one year.




For Petitioner   : Ms.Kovi Ramalingam

For Respondents   : Mr.S.Udayakumar, SCGSC
    for RR1 to 3


- - - -


ORDER
In this writ petition, the petitioner seeks for a direction to the respondents to extend the child care leave from 30 days sanctioned on the first respondent's letter dated Nil (October, 2012) to one year.

2.The petitioner is working as a Sub Inspector of Police in the Central Reserve Police Force and at present, she is posted at Group centre, Avadi. On 8.8.2012, she wrote to the first respondent Deputy Inspector General of Police, Group Centre, CRPF, Avadi, seeking for sanction of one year child care leave in accordance with the CCL Leave Rules, 1972. She informed the first respondent that she has two daughters, who are 15 years and 8 years respectively. The first daughter Priyanka requires personal attention by her and that her presence at home is very much necessary. Therefore, she sought for sanction of one year leave and necessary leave application was also sent by her. The petitioner was informed by an order dated 01.09.2012 that she was transferred to join ATC-Ranga Reddy on 03.09.202 pursuant to the order passed by the Inspector General of Police, SS, CRPF, Hyderabad. Subsequent to the petitioner sending leave letter, the first respondent informed her by an order dated 08.09.2012 that her child care leave for one year was not granted by the competent authority due to shortage of staff.

3.The petitioner had issued a legal notice reiterating her desire of availing child care leave as the children of the petitioner was suffering due to illness. Thereafter, she filed a writ petition before this court being W.P.No.26690 of 2012 challenging the order of rejection of child care leave and after setting aside the same, seeks for a direction to sanction child care leave applied by her. Her request was resisted by the respondent by stating that the medical certificate produced by her has to be verified. At times, some employees to avoid transfer produce fake medical certificates. This court by an order dated 03.10.2012 had disposed of the writ petition and the order dated 08.09.2012 was set aside and the matter was remitted to the first respondent, who was directed to consider the claim of the petitioner in the light of the medical records to be produced by her and also to consider her claim and pass final orders. In the meanwhile, the petitioner produced the medical certificate from the renowned Psychiatrist stating that her daughter Priyanka was suffering from Bi Polar Disorder and was taking treatment from him since January 2012. This treatment will take some time and it requires supervision.

4.But, by an order dated Nil (October, 2012), the first respondent informed the petitioner's counsel in the following lines :

"REGARDING W/P NO.26690/2012 FILED BY SI/M K.SUBHA SANCTION OF CHILD CARE LEAVE Reference your letter dated 16/10/12.

02.The petitioner No.911550514 SI(M) K.Subha of this office has already availed 35 days of Earned Leave and 13 days of Casual leave during this year. She was detailed to proceed to ATC, CRPF, Rangareddy w.e.f 3/9/12 (AN) on attachment duty vide this office order No.T.IX.13/2012-EC-3 dated 01/09/2012 and the copy of the Office Order was also served to her on the same day. She is absenting from duty w.e.f 3/9/12 (last 47 days)

03.As mentioned above she has already availed 35 days EL, 13 days CL and remained absent from duty for 47 days. However, considering the orders of the Honourable High Court, the petitioner No.911550514 SI(M) K.Subha is hereby sanctioned one month Child Care Leave w.e.f 20/10/2012 to 18/11/12. Since she is not available in the home address given by the petitioner and her parents/relatives are not receiving any correspondence send to her through special messenger, she may be conveyed about the sanction of 30 days Child Care Leave sanctioned to her w.e.f 20/10/2012 to 18/11/12."

5.But, however, in doing so, the first respondent did not really adhere to the directions issued by this court, wherein the order of rejection of leave was set aside and the first respondent was directed to consider the claim of the petitioner in the light of the medical records produced by the petitioner and to pass final orders. There was no reference to any medical records being considered by the respondents. He simply stated that leave from 20.10.2012 to 18.11.2012 was granted for a period of 30 days. This is not the way to respect the order of this court. If the respondent is satisfied that the petitioner's request based on medical records is genuine, then curtailing leave to 30 days is unwarranted. The petitioner after the receipt of the said order, sought for extension of child care leave for one year and came to file this writ petition.

6.When the matter came up on 27.11.2012, this court ordered notice of motion. On notice, the respondents have filed a counter affidavit, dated Nil (December, 2012) with supporting documents annexed to the counter. In fact, for the first time, in paragraph 27 of the counter, it was stated that the petitioner did not produce any authentic medical documents and that she had only submitted prescription slips from a private doctor, which were not valid supportive documents for further processing the case. It was further stated that there are more than 30 women employees waiting for their turn to avail child care leave in the office. Sanctioning more than 125 days leave to a particular employee is not a fair manner as the other women employees will approach the higher authorities or the court of law for such type of special concession which will hammer the administration. It was also stated that without prior approval of the competent authority, such leave cannot be given. The petitioner had already availed 125 days leave continuously without realising her role and responsibility in the organization and it had disturbed the administration.

7.Mr.S.Udayakuamr, learned Senior Central Government Standing Counsel also referred to a judgment of the Supreme Court in State of Punjab and others Vs. Dr.Sanjay Kumar Bansal reported in (2009) 15 SCC 168 to contend that the court cannot sit in the appeal over the administrative exigencies and the leave has to be granted only by the administration.

8.Per contra, Ms.Kovi Ramalingam, learned counsel for the petitioner referred to a circular issued by the Ministry of Home Affairs, dated 27.09.2011 in terms of similar leave rules and in paragraphs 2 and 3, the following guidelines were given by the Ministry :

"2.While the instructions provide that Child Care Leave cannot be demanded as a matter of right and is to be treated like Earned Leave and sanctioned as such, keeping in view that this leave is to be granted to women employees for rearing or to look after any of the needs of their children like examination, sickness etc., a more humane view needs to be taken when lady personnel apply for grant of this leave.

3.It is, therefore, requested that as far as possible lady personnel in all the CAPFs may be granted Child Care Leave subject to the conditions laid down in the instructions issued by DoPT on the subject."

9.In fact, even after refusal of leave, the first respondent had written to the Principal of the School, wherein the petitioner's child Priyanka was studying, by a communication, dated 04.12.2012. Out of 7 queries made by the first respondent, 6th query related to behavior report of the child. The Principal of the School, i.e., Velankanni Matriculation Higher Secondary School, Chennai-600 083, with reference to the specific question had stated that some times, the child behaves in abnormal fashion. Therefore, the statement made by the respondents that the mental condition of the petitioner's first daughter was not proved cannot be accepted as the first respondent himself made an enquiry and got an answer regarding the mental condition of the child.

10.The relevant rule relating to child care under the All India Services (Leave) Rules, 1955 may be usefully reproduced below. Rule 18(D) was introduced with effect from 21.09.2011. The child care leave is given to a female member of the service. Rule 18(D) reads as follows :

"18(D)Child Care Leave to a female member of the Service--(1)A female member of the Service having minor children below the age of eighteen years may be granted child care leave by the competent authority for a maximum of 730 days during her entire service for taking care of upto two children.

(2)During the period of child care leave, such member shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3)Child care leave may be combined with leave of the kind due and admissible.

(4)Notwithstanding the requirement of production of medical certificates contained in sub-rule (1) of rule 13 or rule 14, leave of the kind due and admissible (including commuted leave not exceeding 60 days and leave not due) up to a maximum of one year, if applied for, be granted in continuation of child care leave granted under sub-rule(1).

(5)Child care leave may be availed in more than one spell.

(6)Child care leave shall not be debited against the leave account of the member of the Service."

11.When once there was a direction by this court to consider the petitioner's request in the light of the certificates produced by her and that the order refusing to grant leave was set aside and the first respondent having considered the same, cannot make adhoc sanction considering a part of the request of the petitioner and denying the rest of the part without any justification. The reason that the other employees may seek for such leave is an irrelevant consideration in deciding the case of the petitioner. The petitioner has admittedly produced the certificate from the well known Psychiatrist that her child was suffering from Bi Polar disorder and undergoing treatment. She is a girl child aged 15 years and she requires the attention of the petitioner. Therefore, sanctioning of leave only by considering the partial request cannot be justified.

12.Under these circumstances, the respondents are directed to grant leave to the petitioner as requested by her. Though this court is conscious of the fact that the court cannot sit in the appeal over the decision of the administrative authority, but the respondents persistently defied the orders passed by this court. Hence there is no other option except to interfere with the arbitrary exercise of power by the respondents.

13.In the light of the above, the writ petition will stand allowed to the extent indicated above. No costs.

vvk To

1.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Avadi, Chennai Tamil Nadu.

2.The Inspector General of Police, Central Reserve Police Force, Banjara Hills Southern Sector, Andhra Pradesh.

3.The Director General of Police, Central Reserve Police Force, CGO Complex Lodhi Road New Delhi

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