Breaking News : TET Pass Qualification is Must For the post of Head Master in Basic Schools, Judgement Given By the Allahabad Highcourt
ब्रेकिंग न्यूज़' :- इलाहबाद हाई कोर्ट :--->> हेड मास्टर के लिए टेट पास होना जरूरी
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 12238 of 2016
Petitioner :- Vinod Kumar Shukla
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Gautam Baghel
Counsel for Respondent :- C.S.C.,Ram Prakash Shukla
Hon'ble B. Amit Sthalekar,J.
Heard Sri Gautam Baghel, learned counsel for the petitioner, Sri R.P. Shukla, learned counsel for the respondents no.2 and 3� and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondent no.1.
Sri Gautam Baghel, learned counsel for the petitioner files Amendment Application seeking deletion of relief no.C, which according to him, has wrongly been claimed in this writ petition.
Amendment application is allowed. Learned counsel for the petitioner is permitted to delete� the relief no.C today itself.
Office is directed to allot a number to the Amendment Application.
Petitioner is seeking quashing of the Advertisement dated 2.1.2016 (Annexure-2 to the writ petition).�
In view of the order sought to be passed it is not necessary to issue notice to the respondent no.4.
By the Advertisement four posts of Assistant Teacher and one post of Head Master have been advertised. For the post of Head Master in the eligibility qualification it has been prescribed that the candidates must have qualified TET Examination.
Sri Gautam Baghel, learned counsel for the petitioner referred to� Rule 4 of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (the Rules, 1978) which was added by way of amendment dated 5.12.2012 wherein for the post of Assistant Teacher in addition to other qualifications it has also been prescribed that a candidate must have possessed the qualification of Teacher Eligibility Test.
The submission of the learned counsel for the petitioner is that thereafter� similar amendment in Rule 4 sub Rule (2) of the Rules, 1978 has been made and therefore it must be presumed that the Rule providing for essential qualification of possessing Teacher Eligibility Test is for the post of Assistant Teacher and Rule 4 sub Rule (2) reveals that qualification for the post of Head Master is that he should have the qualification of five years of experience from a recognized Institution as a Teacher.
It is not disputed that the Head Master is the Principal and only such a Teacher who has five years experience from a recognized School in addition to other qualifications would be eligible for the post of Head Master in order to qualify after amendment in Rule 4. After 5.12.2012 a Teacher is required to have an essential qualification of TET, therefore, it flows therefrom that candidates for the post of Head Master also have to possess the qualification of TET. The eligibility of experience is with regard to experience as Assistant Teacher and not experience after possessing TET. Therefore, the submission of the learned counsel for the petitioner that candidates for the post of Head Master need not have the qualification of TET is misconceived and fallacious and is rejected.
I do not find merit in the writ petition and the same is accordingly dismissed.
Order Date :- 30.3.2016
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