TET Qualification is Mandatory OR Not for Head Masters of Primary / Upper Primary Schools

TET Qualification is Mandatory OR Not for Head Masters of Primary / Upper Primary Schools

See Case Details -

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 33

Case :- WRIT - A No. - 1991 of 2012

Petitioner :- C/M Deena Nath Bal Vidya Mandir Evam Junior High School
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Shiv Sagar Singh
Respondent Counsel :- C.S.C.,K. Shahi

Hon'ble Sudhir Agarwal,J.
1. It is contended that in the Rules framed under U.P. Basic Education Act, 1972 Teachers and Headmasters have been dealt separately and the regulations framed by National Council for Teacher Education under Section 23 of Right of Children to Free and Compulsory Education Act, 2009 the qualifications have been prescribed only for Teachers and not for Headmasters and, therefore,District Basic Education Officer by means of impugned order has committed error in directing petitioner to fill in the post of Headmaster in Primary School and Junior High School only from the persons who have passed Teachers Eligibility Text and not anyone else. Learned counsel for the petitioner submitted that impugned order to this extent is illegal and void ab initio.
2. The matter requires consideration.

3. Learned Standing Counsel appearing for respondents no. 1 and 3 and Sri R.P. Shukla, Advocate holding brief on behalf of Sri K. Sahi, learned counsel for respondents no. 2 and 4, pray for and are allowed two weeks' time to file counter affidavit. 4. List thereafter.
5. Until further orders of this Court, operation of impugned order dated 11.11.2011, to the extent it says that for appointment on the post of Headmaster only Teachers Eligibility Test passed candidates would be eligible, shall remain stayed.
Order Date :- 12.1.2012
AK

Info Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1632408