UPTET - Allahabad Highcourt : TET Eligibility is waived in Some Special Cases

UPTET - Allahabad Highcourt : TET Eligibility is waived in Some Special Cases

See Case Details -
HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 18 
Case :- WRIT - A No. - 10292 of 2012 
Petitioner :- Km. Manju Rani 
Respondent :- State Of U.P. & Others 
Petitioner Counsel :- P.N. Ojha,Ashok Khare 
Respondent Counsel :- C.S.C. 

Hon'ble Sunil Hali,J. 
Heard learned counsel for the parties and perused the material on record. 
With the consent of learned counsel for the parties the mater is taken up for disposal at admission stage. 
It is contended by learned counsel for the petitioner is that selection process was initiated for making appointment of Assistant Teachers in the Primary School after obtaining prior approval of the concerned authorities and petitioner has been selected and for its approval matter was referred to the DIOS along with requisite papers of selection. 


Grievance of the� petitioner is that while the process for approval was pending an objection has been raised that the State of UP has provided that the teachers eligibility test be part of the selection process which is in the present case has not been done. 
In this behalf petitioner has placed on reliance various orders dated 14.10.2011, 22.12.2011, 23.12.2011, 12.5.2011 and 31.12.2011 whereby the State Government� in similarly situated circumstances has granted approval of Assistant Teacher in Primary Section in which selected/appointed teachers were not required to obtain the Teachers Eligibility Test Certificate.� 
It is further contended that once the selection process has been concluded changing the norms of the selection is not permissible. 
Considering the facts and circumstances of the case, the writ petition is finally disposed of with the direction that the respondents shall accord approval to the appointment of petitioner and necessary order for approval of the petitioner's appointment shall be issued within a period of two months from the date of production of certified copy of this order; provided the following conditions are satisfied:- 

(a) That selection process had been initiated and had been concluded in accordance with law and the petitioner is eligible to hold the post; 
(b)� That in case the condition of appearing in the Teachers Eligibility Test has not been invoked in respect of all other persons who have been appointed and in whose case approval has been granted vide order dated 4.10.2011, 22.12.2011, 23.12.2011, 12.5.2011 and 31.12.2011 as relied upon by the petitioner the same treatment shall be given to the case of the petitioner also. 
Order Date :- 27.2.2012 
RKS/ 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1713115