Without Amendment in U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, How TET Qualified Candidates are eligible for Junior Highschool

Without Amendment in U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, How TET Qualified Candidates are eligible for Junior Highschool

If I am correct, then above inference is derived from below Case details (Hearing shall be on 1st Feb 2012) -

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 2

Case :- WRIT - A No. - 54362 of 2011

Petitioner :- Indrasan Singh

Respondent :- State Of U.P. And Others

Petitioner Counsel :- R.P.Dubey,Manoj Kumar Singh

Respondent Counsel :- C.S.C.,V.K.Kushwaha

Hon'ble Arun Tandon,J.

The Secretary of Education (Basic), U.P. Government at Lucknow may file an affidavit categorically disclosing as to how because of issuance of the Government Order dated 7th December, 2011 with reference to TET examination, it is being contended on behalf of the State that no appointment in a recognized and aided junior high schools can be made unless the candidate has passed his TET examination, when there has been no amendment in the statutory rules framed regulating the conditions and qualification for appointment of teachers in a recognized institution, namely, U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, more so when, no power has been given to the State Government under the Rules, 1978 to amend the qualifications by Executive Order. He shall also explain as to how merely because certain qualifications have been laid down by the National Council for Teachers Education in the matter of appointment of teachers, the State can insist when appropriate amendment in the statutory rules.

Statutory� qualifications are� binding qua� appointment on the post of teachers in recognized institution. The process for recruitment had been initiated much prior to the issuance of the Government Order.

List this matter on 1st February, 2012.

(Arun Tandon, J.)

Order Date :- 12.1.2012

Sushil/-

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1634029

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