UPTET : Allahabad Highcourt Judgement Case :- SPECIAL APPEAL No. - 2366 of 2011 PART -2

UPTET : Allahabad Highcourt Judgement Case :- SPECIAL APPEAL No. - 2366 of 2011 

इस केस ने लाखों टी ई टी अभ्यार्थीयों  को संशय में डाल दिया है 

केस की प्रोसीडिंग कई पेजों की है इसलिये में टुकड़ों में इसके मुख्या अंशों' को पब्लिश करने की कोशिश कर रही हूँ ।

क्योंकि इतने सारे पेजों का इस केस को ब्लॉग पर डालने में परेशानी आ रही है 

मेने पेटिशनर केस नंबर को थोडा संक्षिप्त कर दिया है क्योंकि बहुत सारे केस नंबर लिखे थे 

और सिर्फ केस नंबर 2366/2011 का जिक्र किया है 

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PART 2

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Apart from the candidates who have obtained regular BTC course there are large number of appellants before us who have obtained special BTC training Course. Special Appeal No. 2347 of 2011, Smt. Anjana Singh Vs. State of U.P. is one of such appeals. The back ground facts necessitating the State to take steps for imparting special BTC training needs also to be noted. 

In State of U.P., basic education is regulated by U.P. Basic Education Act, 1972. The rules have been framed under the U.P. Basic Education Act namely; U.P. Basic Education (Teachers) Service Rules, 1981. The qualifications for appointment of Assistant Teachers in basic schools for class I to VIII are prescribed under the 1981 Rules. Rule 8 of the 1981 Rules provides for qualification for teachers of nursery schools, junior basic schools and head master of junior basic schools and senior basic schools. The qualifications for appointment of Assistant Teachers in basic schools required possessing of teachers training which initially included Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto. Articles 39(f) and 45 Part IV of the Constitution of India enjoined on the state to provide for opportunity to Children to develop in healthy manner. Article 21A was inserted in Part III of the Constitution of India by 86th Amendment Act, 2002 directing that State shall provide free and compulsory education to all children of 6 to 14 years age. Central Government for fulfilling this Constitutional obligation have framed various schemes for providing education to children between 6 to 14 years and the State Governments were also involved and entrusted with several obligations in that regard. The scheme namely; 'Sarv Shiksha Abhiyan' was launched by the Central Government in the year 2000 in addition to certain earlier schemes launched by the Central Government. In the State of U.P. for imparting teachers training in every district District there are Institute of Education and Training which have capacity of 200 or 100 seats only. C.T. Training is imparted only at two places namely; Allahabad and Agra, total seats of which are only 61. Every year about 10,000-12,000 teachers of primary institutions retire. Under the various schemes launched by the Central Government and the State Government about 1,25,000/- posts of assistant teacher in primary institutions were created. There being acute shortage of trained teachers, to man the various primary institutions in the State, the State initiated special BTC Course from time to time. The first Special BTC Course was launched in the year 1998 for imparting Special BTC Course to the candidates so as to fill up 27,000 posts of Assistant Teachers. Special BTC Course-2001 was again initiated which could not be however, completed. The State issued a Government Order dated 14.1.2004 for imparting Special BTC Course to those candidates who were B.Ed./ L.T./ B.P.Ed/ C.P.Ed. to fill up 46179 posts of Assistant Teachers. The candidates were to be imparted six months Special BTC course after obtaining approval of National Council For Teacher Education. About 33,000 teachers could be appointed from the candidates who passed special BTC Course 2004. By Government Order dated 22.8.2005, the State took a policy decision for appointment of candidates who had passed Special BTC Course 2004. The State Government allocated posts to different districts for being filled up by the candidates who have obtained special BTC Training Course 2004. A procedure for appointment of Assistant Teachers was also laid down. 

The Government Order contemplated that the candidates who passed special BTC training Course shall be appointed in their home district subject to number of vacancies available and if the numbers are more they shall be adjusted in their division or thereafter at other places. 

The Principals DIETS were asked to obtain option from the candidates for three district and such option be forwarded to Director State Education Research and Training Institute and the Director of the State Education Research and Training shall forward it to Director Basic and the Director shall thereafter allocate the place of posting and ensure appointment and posting. The appellant Smt. Anjana Singh having been informed that her claim can be considered only after she passes TET, filed writ petition in this Court being writ petition No. 63322 of 2011 praying for following reliefs: 

"I. issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, 4 and 5 to appoint the petitioners on the post of Assistant Teacher as per the earlier norms of the N.C.T.E. granting exemption from N.C.T.E. notification dated 23.8.2010 and also

exempting the petitioners from the requirement of passing the U.P.T.E.T. Examination 2011." 

Special Appeal No. 2359 of 2011, Kirti Singh Vs. State of U.P. has been filed by the candidates who have obtained two years Urdu BTC special Training 2006 (II). The State Government issued a Government Order dated 5.9.2006 providing for imparting special basic teachers course to the graduate candidates having qualification in Urdu. The Principal Diets issued advertisement inviting applications for admission in two years BTC Urdu Special Training Course 2006 in which the appellants were selected whose training could be completed in 2011. Five persons who had passed the two years Special BTC Urdu 2006 were appointed on 27.6.2011. However, the petitioners having not been given appointment had come up by filing writ petition No. 61638 of 2011 Kirti Singh and others Vs. State of U.P. and others, praying for a direction commanding the respondents not to insist upon the petitioners to pass the TET and grant appointment to the petitioners as Assistant Teachers in the schools run by the District Education Board. 

Special Appeal No. 2316 of 2011, Santosh Kumar & Ors Vs. State of U.P. & Ors, has been filed by the appellants challenging the judgment and order of Hon'ble Single Judge dated 14.11.2011 in writ petition No. 64709 of 2011 Shailendra Kumar Yadav Vs. State of U.P. and others. The writ petition was filed by the candidates who have completed Special Basic Teachers certificate course 2007 and 2008 on 27.9.2011 praying for a direction upon the respondents to forthwith grant appointment as assistant teachers without requiring the petitioners to pass the TET. Writ petition was dismissed by Hon'ble Single Judge. 

Special Appeal No. 2367 of 2011 has been filed against the judgment and order dated 15.11.2011 passed in writ petition No. 60817 of 2011, Ajit Kumar Singh Vs. State of U.P. and others by which order Hon'ble Single Judge following the judgment of Hon'ble Single Judge in Ravi Prakash Vs. State of U.P. and others has dismissed the writ petition. The writ petition was filed by the candidates who have passed regular BTC Course 2004. 

Special Appeal No. 2420 of 2011 has been filed against the judgment and order of Hon'ble Single Judge dated 28.11.2011 passed in writ petition No. 68086 of 2011 dismissing the writ petition. The petitioners had passed the regular two years BTC Course-2004 and had come up in writ petition praying for direction to to the respondents to give appointment to the petitioners as assistant teachers in basic school. Hon'ble Single Judge following the judgment in the case of Ravi Prakash Vs. State of U.P. and others, dismissed the writ petition. 

Special Appeal No. 506 of 2011 has been filed against the judgment and order of Hon'ble Single Judge dated 14.2.2012 dismissing the writ petition No. 8371 of 2012. The petitioner had passed regular BTC Course 2004 and had prayed for mandamus directing the respondents to grant appointment to him as Assistant Teacher in primary school run by Basic Education Board. Hon'ble Single Judge following the judgement in the case of Ravi Prakash Vs. State of U.P. dismissed the writ petition. 

Special Appeal No. 2513 of 2011 has been filed against the judgment of Hon'ble Single Judge dated 13.12.2011 dismissing the writ petition No. 71798 of 2011 Bhuwaneshwar Singh Vs. State of U.P. and others. The writ petition was filed by the candidates who were granted special BTC Course 2008 certificate on 27.9.2011 and were not given appointment. Hon'ble Single Judge held that since the process of recruitment under 1981 Rules have not been undergone, no direction can be issued to appoint the petitioners as assistant teacher. 

Special Appeal No. 2500 of 2011 has been filed against the judgment and order of Hon'ble Single Judge dated 24.11.2011 passed in writ petition no. 65464 of 2011 by which order Hon'ble Single Judge following the judgment in the case of Ravi Prakash (supra), has dismissed the writ petition. The petitioners had applied for two years BTC 2004 and were declared passed in September, 2011. 

Special Appeal No. 2501 of 2011 has been filed against the judgment and order of Hon'ble Single Judge dated 12.12.2011 passed in writ petition no. 71409 of 2011 by which order, the writ petition was dismissed holding that process of recruitment under 1981 Rules having not been undergone and the petitioners case not being that they have been selected for appointment in accordance with 1981 Rules, no mandamus can be issued. The petitioners were the candidates who were declared passed in regular BTC Course in September, 2011. 

Special Appeal No. 2448 of 2011 has been filed against the judgment and order passed by Hon'ble Single Judge in writ petition No. 61064 of 2011 dismissing the writ petition on 15.11.2011. Hon'ble Single Judge dismissed the writ petition following the judgment in Ravi Prakash Vs. State of U.P. and others. The petitioners were the candidates who were declared passed in regular BTC Course 2004. 

Special Appeal No. 143 of 2012 has been filed against the judgment and order of Hon'ble Single Judge passed in writ petition no. 72606 of 2011 which writ petition was dismissed on 15.12.2011. The petitioners had passed special BTC 2008 and were claiming direction to the respondents to appoint them as assistant teachers in primary schools. 

Special appeal No. 1176 of 2011 has been filed against the judgment and order dated 22.11.2011 dismissing the writ petition no. 66943 of 2011. The petitioners were the candidates who had passed special BTC 2007. Hon'ble Single Judge following the judgment in Ravi Prakash Vs. State of U.P. and others has dismissed the writ petition.