UPTET Breaking NEWS : TET is NOT MANDATORY to Become TECHER (RTE)

UPTET Breaking NEWS : TET is NOT MANDATORY to Become TECHER (RTE)

Jahan tak Mene Padaa Aur Samjhaa Hai, Uske Anusaar 

(Yadi Mein Kahin Galat hoon is Judgemenyt ko Padne Mein to Aaap Comment Ke Madhyam Se Sahee Judgement keee Jaan Karee / Vichaar De Sakte Hain) 

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I felt from statement -

"Once such is the factual situation that candidates, who have passed B.A./B.Sc. with 50% and are B.Ed. being fully eligible for appointment as Assistant Teacher to teach classes 1 to 5 as per Clause 3 of the notification dated 23rd August, 2010, as amended from time to time, are entitled to be considered for their appointment on vacant posts of Assistant Teachers in classes 1 to 5, even they have not cleared TET examination. "

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Kuch candidaten B. Ed 2012 vaalon ko bhrtee se OUT karne ke leeye unkee TET Qualification ko Sahee Nahin Batayaa, Aur Court Mein Petition Daalee.

Jis par High Court ne bolaa kee TET is NOT Mandatory Qualification as per notification dated 23rd August, 2010.

 Isleeye in Candidates ke pass TET Qualification hai kee Nahin, usse koee Fark nahin Padtaaa.

See Complete Judgement -

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 5749 of 2013 

Petitioner :- Ravindra Kumar Yadav And Anr. 

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

Petitioner Counsel :- Alok Kumar Yadav 

Respondent Counsel :- C.S.C.,Mrigraj Singh 

Hon'ble V.K. Shukla,J. 

Petitioners by means of the present writ petition have requested before this Court to issue writ, order or direction in the nature of mandamus commanding the respondents not to consider the candidature of the candidates, who have passed their B.Ed. Examination after 25th November, 2011 or 1st January, 2012. 

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 U.P. TET Certificate for the year 2011, in view of this, as they were ineligible to appear in U.P. TET Examination 2011, accordingly, such a restriction be imposed upon them. 

The request, as has been made by petitioners, cannot be accepted as of now and the arguments, which have been advanced, is of no avail for the simple reason that in Special Appeal No. 2366 of 2011 (Prabhakar Singh and others Vs. State of U.P. and others) decided on 16th January, 2013 following directions have been issued. 

"In the result all the Special appeals are disposed of with the following directions: 

(i)The appellants/other eligible candidates who have passed BA/BSc with 50% and are B.Ed being fully eligible for appointment as Assistant Teacher to teach Classes I to V as per Clause 3 of the notification dated 23rd August, 2010, as amended from time to time, are entitled for consideration for their appointment on vacant posts of Assistant Teachers in Classes I to V. The State authorities including the concerned District Basic Education Officers are directed to consider the claim of such persons while considering the appointment on the post of Assistant Teacher in institutions to teach Classes I to V. 

(ii)The State is directed to issue a corrigendum so that all eligible candidates as per clause 3 of the notification dated 23.8.2010 as amended i.e. candidates having 50% marks in B.A./B.Sc. with B.Ed. should also be permitted to participate in the ongoing process of appointment of trainee teachers. At least 15 days time be allowed to submit applications by abovementioned candidates. 

(iii)The prayer of the appellants possessing BTC/Special BTC qualifications obtained after 23.8.2010 to issue direction to appoint them giving benefit of paragraph 5 of the notification dated 23rd August, 2010 cannot be accepted. 

Parties shall bear their own costs." 

Once such is the factual situation that candidates, who have passed B.A./B.Sc. with 50% and are B.Ed. being fully eligible for appointment as Assistant Teacher to teach classes 1 to 5 as per Clause 3 of the notification dated 23rd August, 2010, as amended from time to time, are entitled to be considered for their appointment on vacant posts of Assistant Teachers in classes 1 to 5, even they have not cleared TET examination. 

In view of this, request of petitioner, as has been made in the present writ petition cannot be accepted by this Court and writ petition is dismissed accordingly. 

Order Date :- 1.2.2013 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2355871