UPTET : Allahabad High Court - Candidate has passed TET(Upper Primary) and therefor application for Assistant Teacher is Rejected, No Relief from Court

UPTET : Allahabad High Court - Candidate has passed TET(Upper Primary) and therefor application for Assistant Teacher is Rejected, No Relief from Court

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 1560 of 2013 

Petitioner :- Raj Kumar 

Respondent :- State Of U.P.Thru Principal Secretary & Ors. 

Petitioner Counsel :- Narsingh Pandey,Manoj Singh 

Respondent Counsel :- C.S.C. 

Hon'ble V.K. Shukla,J. 

In the present case advertisement has been published for selection and appointment of Assistant Teachers, who have passed Teacher Eligibility Test (Primary Level) on 25th December, 2012. The advertisement in question deals with selection of Assistant Teachers for primary level and as far as petitioner is concerned, he has passed Teacher Eligibility Test (Upper Primary Level) and in view of this petitioner is ineligible to apply for consideration of his candidature. 

Petitioner is contending before this Court that qualification for Teacher Eligibility Test, Class 1 to 5 and Teacher Eligibility Test (Upper Primary Level) are equal i.e. graduation and B.Ed. but respondents have not accepted the application form of petitioner. 

Once precise eligibility criteria has been prescribed for being appointed as Assistant Teacher at primary level that an incumbent should pass the Teacher Eligibility Test (Primary Level), and the candidates who have passed Teacher Eligibility Test (Upper Primary Level) cannot claim as a matter of right that they should also be permitted to apply and their candidature be also considered. 

Consequently, the issue in question being in the realm of policy decision, no relief or reprieve can be accorded by this Court, accordingly writ petition is dismissed. 

Order Date :- 11.1.2013 

Shekhar 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2305423