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Monday, November 19, 2012

U.P. Basic Education (Teachers) Service Rules, 1981


U.P. Basic Education (Teachers) Service Rules, 1981

Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts


Rule 15 is clear that minimum educational qualification for teachers laid down by an authority authorized by the Central Government shall be applicable for all schools referred to in clause (n) of Section 2. The State Government in its turn on 07.09.2011 proceeded to authorize the Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly guidelines had also been issued to be complied with for passing T.E.T. (Teacher Eligibility Test) 


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934


In respect to teachers of Primary Schools maintained by the Board, Rules 1981 have been framed known as U.P. Basic Education (Teachers) Service Rules, 1981, published in U.P. Gazette (Extra Ordinary) on 03.01.1981. The application of these rules is provided in Rule 3, as under:
"Extent of application.- These rules shall apply to :
(i) All teachers of local bodies transferred to the Board under Section 9 of the Act; and
(ii) all teachers employed for the Basic and Nursery Schools established by the Board."

Rule 4 deals with the strength of the service. Rule 5deals with the source of recruitment. Rule 6 deals with the age. Rule 8 deals with the academic qualifications and mentions that essential qualification of the candidates for appointment to a post referred to in clause (5) of rule 5 would be as shown below against each. Rule 8 is being extracted below:
"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:

Post
Academic Qualifications
(I) Mistress of Nursery school
Certificate of teaching (Nursery) from a recognized training institution in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto:
Provided that the essential qualification for a candidate who has passed the required training course shall be the same which was prescribed for admission to the said training course.

(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(I)A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(II)Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto.
(3) The minimum experience of candidates for appointment to a post referred to in clause (b) of Rule 5 shall be as shown below against each:

Post
Experience
(i) Head Mistress of Nursery School
At least five years' teaching experience as permanent Mistress of Nursery School
(ii) Headmaster or Head Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School
At least five years' teaching experience as permanent Assistant Mistress or Assistant Master of Junior Basic School, Assistant Master or Assistant Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School
(iii) Head Master or Head Mistress for Senior Basic School
At least five years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned as serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.

(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.

(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto."

Rule 10 of the aforesaid Rules deals with the authority of relaxation for ex-servicemen and certain other categories, which is inclusive of compassionate appointment also, and the same reads as below:
"10. Relaxation for ex-servicemen and certain categories.- Relaxation, if any, from the maximum age limit, educational qualifications or/and any procedural requirements of recruitment in favour of the ex-servicemen, disabled military personnel, dependents of military personnel dying in action, dependents of Board's servants dying in harness and sportsmen, in accordance with the general rules and orders of the Government in this behalf in force at the time of recruitment."

Rule 14 deals with determination of vacancies and preparation of list.

Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts/

 Rule 16 deals with constitution of selection committee. Rule 17 deals with procedure for direct recruitment to a post for teaching a language. Rule 17A deals with procedure for direct recruitment to a post for teaching subjects other than language. Rule 18 deals with deals with procedure for recruitment by promotion. Rule 19 deals with appointment.
In respect of planned and coordinated development for teachers education, the provisions of 1993 Act has been enforced. This is a Central Act enacted by Parliament and after receiving assent of the President on 29.12.1993 was published in the Gazette of India, (Extra.) Part II, Section 1, dated 30.12.1993. Section 1(3) provides that Act 1993 shall come into force on such date as the Central Government may appoint by notification in initial gazette. Pursuant thereto the Central Government by notification dated 1.07.1995 appointed the same day i.e. 01.7.1995 for enforcement of Act 1993.
The Act 1993 was enacted with an objective of achieving planned and coordinated development for teacher education system throughout the country, the regulation and properly maintenance of norms and standards in teacher education system and for matters connected therewith. The Act 1993 contemplates establishment of a council called as "National Council For Teacher Education" (hereinafter referred as "NCTE") and its functions are enumerated in detail in Section 12 of Act 1993. It clearly talks of planned and co-ordinated development of teacher education, and determination and maintenance of standards for teacher education. It is in this regard various subjects and functions of NCTE have been enumerated in Section 12 from Clauses (a) to (n).
The Act 1993 contemplates recognition and permission of NCTE for running courses or training in teacher education. Section 17 provides, if course or training in teacher education has been imparted or obtained in violation of the provisions of the Act, such course or training shall not be treated a valid qualification for the purpose of employment under Central Act, State Government, University, any School/College or other educational body aided by Central or the State Government. The restriction imposed by Section 17(4) is only to the extent that a training or course in teacher education which does not conform to the various provisions of Act 1993 shall not be a valid qualification for employment as stated above, and nothing more and nothing less. The entire Act 1993 does not talk of the manner in which appointments of teachers shall be made, the eligibility to be laid down for appointment of teachers in Primary Schools etc. except qualification. It is confined to the standard and quality of teachers' education. NCTE can lay down minimum qualification which may be prescribed for appointment of a teacher but it does not control the mode, manner and other relevant provisions regarding recruitment and appointment of such teachers. In State of U.P. and Others Vs. Bhupendra Nath Tripathi and Ors. 2010 (5) ESC 630, the Apex Court has clarified this situation that NCTE can lay down minimum qualification for appointment of teacher by competent appointing authority or the authority competent to frame rules and regulations may lay down any qualification over and above the minimum qualification prescribed by N.C.T.E.
Article 41 in Part IV (Directive Principles of State Policy) provides that the State shall, within the limits of its economic capacity and development, make effective provision for securing right to work, to education etc. Similarly Article 45 provides that State shall endeavour to provide, within a period of ten years from the commencement of Constitution, free and compulsory education for all children until they complete the age of fourteen years. Said provisions have come up before Apex Court Court in Mohini Jain Vs. State of Karnataka, AIR 1992 SC 1858 and Unni Krishnan J.P. Vs. State of A.P., AIR 1993 SC 2178 and the cases followed thereafter observing Primary Education to children from age of 6 to 14 years as a constitutional right, efforts were made by Governments, Central and State both, to expand primary education by establishing primary schools at Village Panchayat level in a major way and this really gave opportunity to open number of new schools and correspondingly increase in number of teachers requiring to man these institution. Parliament also recognized above right by inserting Article 21A in the Constitution i.e. 'Right to Education', by Constitution (86th Amendment) Act, 2002, and, simultaneously inserted Clause (k) in Article 51A vide Section 4 of Constitution (86th Amendment) Act, 2002. The Parliament also in furtherance of the above constitutional provisions, come forward by enacting Act 2009 published in Gazette of India on 27.8.2009. By virtue of Section 1(3) of Act 2009, it has been given effect from 01.4.2010.
One of the major change it has brought, besides other, is that no Primary School other than a school established, owned or controlled by the appropriate Government or local body after commencement of 2009 Act shall be established or function without obtaining a certificate of recognition from such authority, as may be prescribed. For the purpose of seeking recognition, the school has to conform the norms and standard specified in Section 19 of Act 2009 read with the schedule appended thereto. The Act 2009, vide Section 23(1), also provides that any person possessing such minimum qualification, as laid down by an academic authority authorized by the Central Government, by notification, shall be eligible for appointment as a teacher.
Section 23 (2) of the Right of Children to Free and Compulsory Education Act, 2009 further proceeds to mention that where a State does not have adequate institutions offering courses for training in teacher education or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification. A proviso has also been added to the aforesaid sub-section (2) of Section 23 mentioning that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years. For the sake of convenience the provisions of sub-sections (1) and (2) of Section 23 are being excerpted below:


"23. Qualifications for appointment and terms and conditions of service of teachers.- (1) Any person possessing such minimum qualifications, as laid down by an academic authority authorized by the Central Government by notification shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses for training in teacher education or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification.
Provided that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years.

In exercise of powers conferred by Section 38 of 2009 Act, Rules have been framed and the same have been published in the gazette dated 09.04.2010. Part VI of the said Rules deals with the term "teacher". Rule 17 deals with minimum qualification, rule 18 deals with relaxation of minimum qualification, rule 19 deals with acquiring minimum qualifications. Rules 17, 18 and 19 of the aforesaid Rules are being quoted below:
"17. Minimum Qualifications.- (1) The Central Government shall, within one month of the appointed date, notify an academic authority for laying down the minimum qualifications for a person to be eligible for appointment as a teacher.
(2)The academic authority notified under sub-rule (1) shall within three months of such notification, lay down the minimum qualifications for a person to be eligible for appointment as a teacher in an elementary school.
(3)The minimum qualifications laid down by the academic authority referred in in sub-rule (1) shall be applicable for every school referred to in clause (n) of Section 2.
18. Relaxation of minimum qualifications.- (1) The State Government and Union Territory shall, within six months from commencement of the Act, estimate the teacher requirements as per the norms in the Schedule of all schools referred to in clause (n) of Section 2
(2) Where as State Government or Union Territory does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qualifications as notified in sub-rule (2) of rule 17 are not available in sufficient numbers in relation to the requirement of teachers estimated under sub-rule (1) the State Government or the Union Territory shall request, within one year of the commencement of the Act, the Central Government for relaxation of the prescribed minimum qualifications.
(3) On receipt of the request referred to in sub rule (2), the Central Government shall examine the request of the State Government or the Union Territory and may, by notification relax the prescribed minimum qualifications.
(4) The notification referred to in sub rule (3) shall specify the nature of relaxation and the time period, not exceeding thee years, but not beyo9nd five years from the commencement of the Act, within which the teachers appointed under the relaxed conditions acquire the minimum qualifications specified by the academic authority notified under sub-section (1) of Section 23.
(5) After six months from the commencement of the Act, no appointment of teacher for any school can be made in respect o any person not possessing the minimum qualifications notified in sub-rule (2) of Rule 17, without the notification of relaxation referred to in sub-rule (3).
(6) a person appointed as a teacher within six months of the commencement of the Act, must possess as least the academic qualifications nor lower than higther secondary school certificate or equivalent.
19. Acquiring minimum qualifications. - (1) The State Government and Union Territory shall provide adequate teacher education facilities to ensure that all teachers in schools referred to in sub-clause (I), and schools owned and managed by the Central Government or the State Government or Union Territory or local authority under sub-clause (iii) of clause (n) of Section 2, who doe not possess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, to acquire such minimum qualifications within a period of five years from the commencement of the Act.
(2) For a teacher, or a school referred to in sub-clause (ii) and (iv) of clause (n) of Section 2 and of a school referred to in sub clause (iii) of clause (n) of Section 2 not owned and managed by the Central Government, State Government or Union Territory or local authority, who doe not possess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, the management of such school shall enable such teacher to acquire such minimum qualifications within a period of five years from the date of commencement of the Act."

In exercise of powers conferred by sub-section (1) of Section 23 of 2009 Act, the Central Government has authorized the National Council for Teachers Education (NCTE) as Academic Authority to lay down minimum qualifications for a person to be eligible for appointment as teacher. In exercise of the said authority, the N.C.T.E. has proceeded to lay down minimum qualifications for a person to be eligible for appointment as teacher. Said Notification has been published on 23.08.2000, and thereafter fresh notification has been issued with modifications on 29.07.2011. Relevant extract of the same is extracted below:
"NATIONAL COUNCIL FOR TEACHER EDUCATION
NOTIFICATION
New Delhi, the 29th July, 2011

F.No.61-1/2011/NCTE/N&S).-In exercise of the powers conferred by sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 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 amendments to the Notification No.215 dated 25th August, 2010 published in the Gazette of India, Extraordinary, Part-III, Section-4, vide F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010, laying down the minimum qualifications for a person to be eligible for appointment as a teacher (hereby referred to as the Principal Notification), namely :-

(I) For sub-para (i) of para 1 of the Principal Notification, the following shall be substituted, namely:-

1. Minimum Qualifications:-
(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary Education (by whatever name known)
AND
(b) pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines 16

framed by the NCTE for the pourpose.

(II) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :-

1 (ii) Classes VI - VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)
OR
Graduation with at 50% marks and 1-year Bachelor ion Education (B.Ed.)
OR
Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed.
OR
Graduation with at least 50% marks and 1-year B.Ed. (Special Education)
AND
(b) Pass in Teacher Eligibility Test (TET), to be conducted by the 17

appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(III) For para 3 of the Principal Notification the following shall be substituted, namely:-

(i) Training to be undergone:-A person - (a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment to Class I to V up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education;

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education.

(ii) Reservation Policy :

Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as ST/ST/OBC/PH.

(IV) For para 5 of the Principal Notification, the following shall be substituted, namely:-

5.(a) Teacher appointed after the date of this notification in certain cases:-Where an appropriate Government or local authority or a shool has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b)The minimum qualification norms referred to in this Notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers."

A perusal of the aforesaid notification would go to show that minimum qualification has been provided for a person to be eligible for appointment as teacher and in addition to it, it has also been provided that the incumbent has to pass Teacher Eligibility Test (T.E.T.) to be conducted by the appropriate Government in accordance with the guidelines framed by the N.C.T.E. for the purpose and paragraph 5 (a) and 5 (b) of said circular has carved out exception to the applicability of said Circular. In the State of U. P. Rules have been framed known as U.P. Right of Children to Free and Compulsory Education Rules, 2011, and therein part VI thereof deals with ''teacher'. Rule 15 deals with minimum qualification of teachers, rule 16 deals with relaxation of minimum qualification, rule 17 deals with acquiring of minimum qualifications. Said Rules have been enforced with effect from 27th July, 2011. The aforesaid Rules 15, 16 and 17 of the aforesaid Rules are being quoted below:

"15. Minimum qualification of teachers (Section 23 (1).- The minimum educational qualifications for teachers laid down by an authority authorized by the Central Government, by notification, shall be applicable for every school referred to in clause (n) of Section 2.
16.Relaxation of minimum qualification (Section 23 (2).- (1) The State Government shall estimate the teacher requirement as per the norms in the Schedule for all schools referred to in clause (n) of Section 2 within the State.
(2) If teachers possessing prescribed minimum qualifications are not available as estimated under sub-rule (1), then the State Government shall request the Central Government by 31st March, for relaxation of the prescribed minimum qualification.
(3) The State Government shall take necessary action after the notification issued by the Central Government, for relaxation in the minimum qualification on the request under sub-rule (2).
(4) The relaxation from minimum qualifications shall be for maximum period of five years from the commencement of the Act, i.e. till 31st March, 2015, within such period the teachers appointed under relaxed condition shall acquire the minimum educational qualifications prescribed under rule 15.
(5) No appointment of teacher for any school can be made in respect of any person not possessing the minimum qualifications prescribed under rule 15 without the notification referred to in sub-rule (3).
17. Acquiring of minimum qualification (proviso to Section 23 (2).- The State Government shall made a request to the academic authority notified by the Central Government for enhancement of capacity of teacher education and for providing required facilities for distant mode teacher training to ensure that all teachers in schools established, owned or controlled by the State Government or a local authority or specified schools, who do not possess the minimum qualifications laid down under Rule 15 at the time of commencement of the Act, acquire such minimum qualifications within a period of five years from the commencement of the Act. The State Government shall after obtaining the approval as per requirement provide for training of all such teachers.
(2) The management of aided or unaided schools shall enable such teachers, who do possess the minimum qualifications laid down under Rule 15 at the time of commencement of the Act, to acquire the same within a period of five years from the commencement of the Act."

Thereafter, in the State of U.P. amendment has been introduced in the U.P. Basic Education (Teachers) Service Rules, 1981 on 09.11.2011, and Rule 8 thereof has been amended known as U.P. Basic Education (Teachers) Service (Twelfth Amendment) Rules, 2011 . A chart containing existing rule as well as amended rule is being extracted below:

Column -I Existing Rule
Column-II Rule as hereby substituted

"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:
"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:
Post
Academic Qualifications
Post
Academic Qualifications
(i) Mistress of Nursery School
Certificate of teaching (Nursery) from a recognized training institution in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto
Mistress of Nursery School
Bachelor's Degree from a University established by law in India or a degree recognized by the Government as equivalent thereto together with the Certificate of teaching (Nursery) from recognized training institution of Uttar Pradesh or any other training course recognized by the Government as equivalent thereto and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto:
Provided that the essential qualification for a candidate who has passed the required training course shall be the same which was prescribed for admission to the said training course.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
Bachelor's degree from a University established by law in India or a degree recognized by the Government as equivalent thereto together with any other training qualification consisting of a Basic Teacher's Certificate (BTC), two years' BTC (Urdu) Vishist BTC and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(I) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(ii) Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto.
(ii) Training qualification consisting of a Basic Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

(iii) Head Master or Head Mistress for Senior Basic School
At least five years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned as serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.
(iii) Head Master or Head Mistress for Senior Basic School
At least three years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned at serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.

(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.

(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto.
(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto or Basic Teacher's Certificate (BTC) (Urdu) and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

5. The essential qualifications of candidates having proficiency in Urdu for appointment to the posts referred to in sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium shall be as follows:
5. The essential qualifications of candidates having proficiency in Urdu for appointment to the posts referred to in sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto. The qualifications for proficiency in Urdu will be such as may be prescribed from time to time by the Government.
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto. The qualifications for proficiency in Urdu will be such as may be prescribed from time to time by the Government.
(ii) Training qualifications of two years B.T.C. Urdu special training course.
(ii) Training qualification of two years B.T.C. Urdu special training course and have passed teacher eligibility test conducted by Government of Uttar Pradesh



In respect of grant of compassionate appointment under 1981 Rules, there is no specific provision. Rule 10 of the 1981 Rules talks of relaxation and the State Government in its turn has issued Government Order on 04.09.2000 dealing with the grant of compassionate appointment. Relevant extract of the said Government Order is being quoted below:

On the parameters of the provisions quoted and discussed above, the case in hand is being looked into. Each one of the petitioners, claims to have been appointed in consonance with the Government Order dated 04.09.2000. In the said Government Order a specific provision has been provided therein that all those incumbents who fulfill the requisite educational qualification, but do not have training qualification, they can move application for grant of compassionate appointment and the said incumbent would be offered appointment and shall be sent for training of B.T.C. course in the respective District Institutes of Education and Training, and after they successfully complete the training, they would be offered appointment on regular basis. However, in case an incumbent fails to pass the aforesaid examination, his candidature would automatically stand cancelled and he would be offered appointment on class IV post and his claim may also be considered for appointment against class III post as per the exigency.

The moot question before this Court is that when the provisions of the Right of Children to Free and Compulsory Education Act, 2009 have been enforced and necessary eligibility criteria has been fixed for being appointed as a teacher in the institutions defined under Section 2 (n) of the said Act, then as to whether appointment of an untrained person as teacher is feasible or not? by invoking the provisions of relaxation in the matter of compassionate appointment.
The Right of Children to Free and Compulsory Education Act, 2009 has been enforced with effect from 27th August 2009 in the belief that the value of equality, social justice, democracy and creation of just a humane society can be achieved only through the elementary education to all. The provisions of the Right of Children to Free and Compulsory Education Act, 2009 also aims at including the children from disadvantaged group and weaker sections to get education, in consonance with the provisions of Article 21A of the Constitution. Apart from dealing with the right of children to free and compulsory education and making of special provision in the said direction, the Parliament has taken care of the fact that the teachers who are there to impart education, they should have also certain qualification for being appointed, and in view of this clear cut mandate has been made under Sub-section (1) of Section 23 of the said Act, that person possessing such minimum qualification as laid down by the academic authority authorized by the Central Government by notification, shall be eligible for being appointed as teacher. Sub-section (2) of Section 23 of 2009 Act gives liberty to the State Government to collect data of the adequacy of the institutions offering courses of training education, and in case teachers possessing minimum qualifications are not available in sufficient number, requesting Central Government to relax the minimum qualification required for appointment as a teacher, for such period not exceeding five years, as may be specified in the notification. A proviso has also been added providing that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years. Apex Court in the case of State of U.P. vs. Bhupendra Nath Tripathi, 2010 (3) SCC 238, apart from holding that State can fix higher qualification, has taken the view that proper training of teacher is integral aspect in effectuation of right of education. Right conferred under Article 21A of the Constitution would remain illusory in the absence of State taking adequate steps to have required number of schools manned by efficient and qualified teachers. Precise mention has been made that before teachers are allowed to teach the children, they are required to receive appropriate and adequate training from duly recognized training institute.
The authority to fix minimum qualification has been out sourced by the Central Government and the NCTE has been declared as authorized academic authority to lay down minimum qualification for a person to be eligible for being appointed as teacher. The N.C.T.E. in its turn has proceeded to notify the educational qualification on 05.04.2010 as is required by Section 23 (2) of the 2009 Act and different sets of minimum qualifications have been provided for teachers for class I to V and class VI to class VIII with requirement to pass T.E.T. to be conducted by the appropriate Government in accordance with the guidelines framed for the purpose. The T.E.T. as such has to be conducted by the State Government. For the purpose of implementation of 2009 Act Rules have also been framed known as U.P. Right of Children to Free and Compulsory Education Rules, 2011 and the said Rules have been enforced with effect from 27th July, 2011. Said Rules have been framed in supercession of all existing rules and orders on the subject,

and Rule 15 is clear that minimum educational qualification for teachers laid down by an authority authorized by the Central Government shall be applicable for all schools referred to in clause (n) of Section 2. 
The State Government in its turn on 07.09.2011 proceeded to authorize the Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly guidelines had also been issued to be complied with for passing T.E.T. (Teacher Eligibility Test) 


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934

6 comments:

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jitendra pratap singh said...



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Abhay Yadav said...

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