UPTET : BA / BSc 50% + B Ed Candidates are Eligible to Become Teachet AND TET Qualification can be Obtained till 2014

UPTET : BA / BSc 50% + B Ed Candidates are Eligible to Become Teachet AND TET Qualification can be Obtained till 2014

Jahan tak mene decision padaa aur samjhaa hai, uske anusaar B Ed candidates ko TET(PRT) ke leeye UP Sarkar Ne Kendra se 31 March 2014 tak Relaxation le leeyaa hai.

इसलिये बी एड धारियों को 2014 तक टी ई टी पास करने की छूट मिल गयी है 

अगर आप इस निर्णय को पढ़ कर कुछ सुधार /जानकारी जोड़ना चाहें 

तो कमेन्ट के माध्यम से दे सकते हैं 

I am not a legal expert, and therefore for authenticity/ and better understanding, you can obtain 

authentic copy from Allahabad HC and can take help of legal expert to better understand below decision.

HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 30 

Case :- WRIT - A No. - 5471 of 2013 

Petitioner :- Vineet Kumar Singh And Ors. 

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

Petitioner Counsel :- Jagdish Pathak 

Respondent Counsel :- C.S.C. 

Hon'ble V.K. Shukla,J. 

Petitioners have approached this Court with a request to declare the UPTET Certificate 2011 of such candidates invalid, who have taken admission in their B.Ed. Course after the last date of filling of the application forms of examination of UPTET 2011 i.e. 18.10.2011 for which the examination has been held on 13th November, 2011 in view of the eligibility rules framed for UPTET 2011 and further prayer has been made that such candidates be not considered for appointment on the post of teachers in primary schools in pursuance of advertisement dated 7th December, 2012. 

Under the Right of Children to Free and Compulsory Education Act 2009, the National Council for Teachers Education (NCTE) was authorized to lay down the qualifications and as per the qualification laid down by NCTE, a candidate for the recruitment on the post of Assistant Teacher in Government schools is required to possesses TET qualification in addition to his academic and training qualification. The Central Government enacted the Right of Children to Free and Compulsory Education Act 2009 on 26.08.2009 in which under Section 23 it is provided that any person possessing such minimum qualification as laid down by the Academic Authority authorized by the Central Government by notification shall be eligible for appointment as a Teacher. While exercising power under Section 23 (1) the Central Government issued notification on 31.03.2010, by which, the Central Government authorized the NCTE as Academic Authority to lay down the minimum qualification for a person to be eligible for appointment as a Teacher. 

After getting authorization under Section 23 (1) of the Act of 2009, the NCTE issued notification dated 23.08.2010 whereby the qualification was prescribed for the recruitment on the post of Assistant Teacher in Government schools in which in addition to the academic qualification and training, another qualification which is Teachers' Eligibility Test (TET) has been inserted and in the notification it has been specifically provided that candidates should pass the TET to be conducted by the appropriate Government in accordance with the guidelines framed by NCTE for the said purpose. After issuance of the aforesaid notification, another notification dated 29.07.2011 was issued by the NCTE whereby certain amendments were made in the qualification by the NCTE, but the eligibility of passing TET remained the same. 

Appointment as Assistant Teacher to Junior Basic Schools is made in accordance with the procedure prescribed under U.P. Basic Education Teachers Service Rules 1981. In pursuance of the guidelines prescribed by NCTE aforesaid rules have been amended by the State Government vide notification dated 09.11.2011, which is a basis of selection for appointment as Assistant Teacher. The aforesaid amendment is apart from other qualifications specified for the appointment. The candidate must have passed U.P. Teachers Eligibility Test as an essential qualification for getting such appointment as Assistant Teachers. The NCTE issued guidelines vide letter dated 11.02.2011 for introducing TET as an essential qualification for appointment as Assistant Teachers in classes I to VIII under the provisions of Section 23 of Right of Children to Free and Compulsory Education Act 2009. In pursuance of the aforesaid guidelines dated 11.02.2011 issued by NCTE, the State Government has issued Government Order dated 07.09.2011 for conducting TET examination in the state of U.P. In pursuance of the aforesaid Government Order, U.P. Madhyamik Shiksha Parishad at Allahabad issued advertisement dated 26.09.2011 seeking applications for the TET examination from the eligible candidates, who have passed B.Ed. course. The educational qualification required for appearing in TET examination 2011 was having obtained graduate degree with B.Ed. 

The State Government made several amendments regarding the TET examination 2011 including the amendment notification dated 24.09.2011 stating therein again the eligibility qualification of graduate followed by certificate of B.Ed. course. Thereafter, the State Government had issued another notification dated 04.10.2011 making some amendments in the minimum qualification for appearing in UPTET examination, where a new amendment has been made that such candidates, who are appearing in the B.Ed. examination are also permitted to appear in the U.P. Teacher Eligibility Test Examination 2011. 

Petitioners' submission is that due to misinterpretation of the amendment introduced on 04.10.2011 thousands of candidates, who were not entitled even to appear in U.P. Teacher Eligibility Test Examination 2011, have been allowed to appear in the said examination and have also been issued the UPTET certificate for the year 2011. Petitioners submit that such issuance of certificate is against the spirit of amendment dated 04.10.2011 as well as against the eligibility criteria required for Teacher Eligibility Test. Petitioners in this background submit that the merit of the selected candidates would be raised on a higher side. Petitioners have submitted that only the B.Ed. certificate obtained in the session 2010-11 can be accepted to be valid degree and the B.Ed. certificate obtained in the session 2011-12 could not have been entertained and accordingly requisite relief be accorded. At this juncture present writ petition has been filed with the prayer mentioned above. 

Shri Jagdish Pathak, learned counsel for the petitioners, submits that as per the amendment, which has been so made only appearing candidates were permitted to appear in U.P. Teacher Eligibility Test 2011 and accordingly the candidates of academic session 2011-12 cannot be accepted as appearing candidates, and in view of this, such candidates were ineligible for undertaking U.P. Teacher Eligibility Test 2011 and accordingly requisite relief be accorded by this Court. 

Countering the said submission learned Standing Counsel on the other hand contended that Teacher Eligibility Test is merely an essential qualification to enable incumbents to be appointed as a teacher and in view of this once a conscious decision has been taken to permit such incumbents also, who were in the process of acquiring B.Ed. degree i.e. who were in the process of undertaking examination, then to non-suit their certificate of Teacher Eligibility Test on said grounds cannot be accepted and specially in the background that candidates who have passed BA/BSc with 50% and are B.Ed. are fully eligible for appointment as Assistant Teacher without having passed TET examination, as per the judgment of this Court in Special Appeal No. 2366 of 2011, Prabhakar Singh and others Vs. State of U.P. and others, delivered on 16.01.2013. 

After respective arguments have been advanced the factual situation which is so emerging in the present case that the eligibility criteria which has been so prescribed for undertaking Teacher Eligibility Test, a candidate was required to have B.Ed. degree to his credit along with graduation degree. The said eligibility criteria had been subsequently modified on 04.10.2011 and as per the same, apart from an incumbent, who has to his credit graduation degree along with one year B.Ed. degree incumbents, who were to appear in the examination of B.Ed. were also entitled to apply. Petitioners submit that in this background the candidates, who have got degree of B.Ed. in the year 2011-12 cannot be said to be appearing candidates at the time of filling up the application form of U.P. Teacher Eligibility Test 2011 and accordingly cannot be accepted as eligible. Candidates, who have obtained their B.Ed. Degree after passing TET examination 2011 should be restrained from participating in process of selection in pursuance of Advertisement dated 07.12.2012. As of date, said arguments are neither here nor there, as candidates having passed BA/BSc with 50% and B.Ed. have been accepted as eligible, as they have been accorded relaxation from TET upto 31.03.2014 by the Central Government. Said aspect of the matter has been examined at length in Special Appeal No. 2366 of 2011, Prabhakar Singh and others Vs. State of U.P. and others, decided on 16.01.2013. Accordingly, no relief or reprieve can be given to petitioners and present writ petition is dismissed accordingly. 

Order Date :- 31.1.2013 

Shekhar 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2354639