UPTET : Allahabad Highcourt Judgement Case :- SPECIAL APPEAL No. - 2366 of 2011 PART 5

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 

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PART 5

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The Central Government authorised National Council For Teacher Education as an academic authority within the meaning of 2009 Act. National Council For Teacher Education as the academic authority laid down the minimum qualifications for a person to be eligible for appointment as a teacher for teaching classes I to VIII. The entire notification dated 23.8.2010 being relevant for the present case is quoted below: 

"NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION 

New Delhi, the 23rd August, 2010 

F.No. 61-03/20/2010/NCTE/(N&S).- In exercise of the powers conferred by Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and in pursuance of Notification No.S.O. 750 (E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this notification:- 

1. Minimum Qualifications:- 

(i) CLASSES I - V 

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Elementary Education (by whatever name known) 

OR 

Senior Secondary (or its equivalent) with at least 45% marks and 2 year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002. 

OR 

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.El. Ed.) 

OR 

Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education) 

AND 

(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. 

(ii) Classes VI-VIII 

(a) B.A/B.Sc and 2 year Diploma in Elementary Education (by whatever name known) 

OR 

B.A/B.Sc. with at least 50% marks and 1 year Bachelor in Education (B.Ed.) 

OR 

B.A/B.Sc with at least 45% marks and 1 year Bachelor in Education (B.Ed), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard. 

OR 

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El. Ed) 

OR 

Senior Secondary (or its equivalent) with at least 50% marks and 4 year BA/B.Sc. Ed or B.A.Ed./B.Sc. Ed. 

OR 

B.A./B.Sc. with at least 50% marks and 1 year B.Ed. (Special Education) 

AND 

(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. 

2. Diploma/Degree Course in Teacher Education:- For the purposes of this Notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered. 

3. Training to be undergone :- A person- 

(a) with B.A/B.Sc with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1st January,2012, provided he undergoes, after appointment, an NCTE recognized 6 month special programme in Elementary Education. 

(b) with D.Ed (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6 month special programme in Elementary Education. 

4. Teacher appointed before the date of this Notification:- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above, 

(a) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher class I to V possessing B.Ed qualification, or a teacher possessing B.Ed (Special Education) or D.Ed (Special Education) qualification shall undergo an NCTE recognized 6 month special programme on elementary education. 

(b) A teacher of class I to V with B.Ed qualification who has completed a 6 month Special Basic Teacher Course (Special BTC) approved by the NCTE; 

(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. 

5. Teacher appointed after the date of this Notification in certain cases:- Where an appropriate Government, or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time)." 

The appellants before us are basically in two categories (i) those who have passed regular BTC training Course; and (ii) those who have passed special BTC Training Course of six months. All the appellants were admitted in respective training courses after being selected according to the procedure prescribed under different Government Orders issued from time to time and have passed BTC/Special BTC training course. The appellants after having passed the BTC/Special BTC, they are fully entitled for appointment as Assistant Teacher in a primary school as per U.P. Basic Education (Teachers) Service Rules, 1981 as well as National Council For Teacher Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools ) Regulations, 2001. From the materials which have been brought on record, following are some of the important facts which emerged: 

(a) The selection to regular BTC Course i.e. two years course is regulated by Government Orders issued from time to time. The candidates are selected and imparted two years training by DIETS of respective district. 

(b) The candidates are selected for imparting Special BTC Training according to procedure as prescribed by different Government Orders for selecting them and after selection they are imparted Special BTC training of six months in DIETS and thereafter subjected to written examination and are granted certificate thereafter. 

(c) The candidates who pass BTC Training Course or Special BTC training Course their names are forwarded to Director SCERT by Principal of DIETS who in turns forward the same to the Director Basic Education who according to the option of the candidates allocate them to different districts for appointment and thereafter appointing authority issues appointment letter to the candidates. 

(d) The candidates who had passed BTC Training Course and special BTC training Course were appointed following the aforesaid procedure till 2011. The appellants although were admitted in special BTC Course 2004, Special BTC Courses- 2004,2007,2008 but due to different reasons could be declared passed after 23.8.2010. 

(e) Although the Principal DIET sent the name of the candidates who passed the BTC/Special BTC to the respective district Basic Education Officer but the respective Basic Shiksha Adhikari did not issue appointment letter to the appellants and communicated them in writing that in view of the notification dated 23.8.2010 now passing the TET is necessary. Their claim can be considered only after they pass the TET. 

Hon'ble Single Judge vide its judgment and order dated 11.11.2011 dismissed the writ petitions holding that the appointment of the petitioners as assistant teachers in elementary schools will have to be considered on the basis of the minimum qualifications prescribed in the notification dated 23.8.2010 and not by the National Council For Teacher Education Regulations 2001 and such being the position, the petitioners have necessarily to pass U.P.-TET before they are appointed as it is an essential requirement. Hon'ble Single Judge rejected the argument of the petitioners appellants that for them the process of appointment having already initiated prior to 23.8.2010 they should be appointed as per National Council For Teacher Education Regulations 2001. Hon'ble Single Judge held that the advertisement as contemplated in paragraph 5 of the notification dated 23.8.2010 is not referable to the advertisement issued for the admission in BTC/Special BTC Course and the advertisement is clearly referable to the advertisement to be issued under the 1981 Rules for making appointment of teachers. Hon'ble Single Judge further held that the

petitioners are not entitled for the benefit of paragraphs 5 of the notifications and any deviation made in the past shall also not confer any right upon the petitioners to claim that it should be continued by the State of U.P. The plea of discrimination in appointing certain similarly situated persons and denying to the petitioners have also not been accepted. Hon'ble Single Judge placed reliance on the two judgment of the apex Court Devendra Singh & Ors. Vs. State of U.P. & Ors.. (2007) 9 SCC 491 and Yogesh Kumar Vs. Government of NTC Delhi (2003) 3SCC 548.