UPTET : Hearing in Allahabad Highcourt on 11th Sept. 2012

UPTET : Hearing in Allahabad Highcourt on 11th Sept. 2012

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 53

Case :- WRIT - A No. - 29 of 2012

Petitioner :- Shiv Prakash Kushwaha
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S.K. Mishra
Respondent Counsel :- C.S.C.,K.S.Kushwaha,R.A. Akhtar,Rajeshwar Singh

Hon'ble Arun Tandon,J.
Learned counsel for the petitioner submits that in view of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (hereinafter referred to as the "Act, 2009"), it has become mandatory for� the State Government to ensure that requisite number of qualified teachers� are appointed in all the institutions, which are under the control of the State Government or for that purpose under the control of the Basic Education Board. He therefore, submits that the State Government cannot be permitted to withhold the process of� appointment for years together.�
Sri C.B. Yadav, learned Additional Advocate General on behalf of the State, however, disputes the position and submits that� direct recruitment was� resorted to in the years 2004, 2007 and 2008.
Be that it may, it is not in dispute that there is acute shortage of qualified teachers in Parishidiya Vidyalayas as on date,� it is but natural that education shall suffer.� This practically defeats the provisions of� Act, 2009.
This Court feels it just and proper to insist upon the State Government to publish an advertisement for appointment of qualified teachers in Parishidiya Vidyalayas without any further delay. 
Sri C.B. Yadav, learned Additional Advocate General on behalf of the State has assured the Court that such advertisement shall be published within fifteen days and the process for appointment shall be initiated without unnecessary delay in accordance with the rules applicable. 
Let the matter come up again on 27th September, 2012 along with connected matters.

(Arun Tandon, J.)

Order Date :- 11.9.2012
Sushil/-

Source : http://elegalix2.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2071600