UPTET : Is Government Circulated - TET is Mandatory Qualification OR NOT, And to pass in 5 years for those who are already working as Teacher in Junior High School

UPTET :  Is Government Circulated - TET is Mandatory Qualification OR  NOT, And to pass in 5 years for those who are already working as Teacher in Junior High School

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 33

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.
Shri K.S.Kushwaha, learned Standing Counsel made an attempt to suggest to this Court that in view of Section 2 (n) read with Section 23 and Section 38 of the Right to Free and Compulsory Education Act, 2009 along with the notification issued by the Central Government dated 31.03.2010 appointing National Council for Teachers Education (N.C.T.E.) as the academic authority to lay down the minimum qualifications for a person to be eligible to be appointed as teacher along with Rule 15 of the U.P. Right to Free and Compulsory Education Rules, 2011 submits that no teacher in any institution covered within the definition of School under Section 2(n) of the Act, 2009 which will include all institutions run by the Basic Shiksha Parishad namely Junior Basic Schools and Senior Basic Schools as well as recognised and aided Junior High School, can be appointed unless he has passed teacher's eligibility test. In view of the recital in the notification dated 27.07.2011 pertaining to the Rules, 2011 all earlier Rules on the subject with regard to the qualification of teachers in Schools stand superceded. Therefore, the district level authorities are justified in refusing to nominate a nominee to the Selection Committee to be constituted under the Rules, 1978 for the Junior High Schools concerned inasmuch as in the Advertisement it had not been mentioned that the persons with T.E.T. qualification alone can apply. 
This Court will address to the contentions so raised later. But on reading of Section 23 of Act, 2009 proviso, this Court finds that it has further been provided that if a teacher already working and is not possessed of the minimum qualification as is laid down under Section 23 shall acquire minimum qualification within a period of five years.
The question, therefore, arises as to whether the State after framing the Rules of 2011 has issued any direction/notification to all education authorities of the State of U.P. asking them to ensure that the teachers already working in various institutions run and managed by the Basic Shiksha Parishad as well as those which are recognized and aided Junior High Schools are made aware of the said requirement of passing the TET examination within five years from the date the said qualification has come into force. 
Let the Secretary (Secondary Education) file his personal affidavit disclosing whether any such letter/circular with reference to Section 23(3) has been issued by the State till date and, if not, reasons for the same must be stated. He also explain as to how the statutory Rules framed in exercise of powers under Section 19 of the U.P. Basic Education Act can be superceded by framing of Rules in exercise of powers under Section 38 of Act No. 35 of 2009. 
Prima facie this Court is of the opinion that both the Acts operate in separate fields. 
Put up for further hearing on 01.05.2012. 
Dated :17.04.2012
VR/54362/11


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1812829