UPTET : TET vs NON TET Case in Allahabad HC, TET is mandatory OR not to become teacher

UPTET : TET vs NON TET Case in Allahabad HC, TET is mandatory OR not to become teacher

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 13155 of 2013 

Petitioner :- Nathuni Singh 

Respondent :- Dist.Basic Education Officer And Others 

Petitioner Counsel :- Indra Raj Singh 

Respondent Counsel :- C.S.C.,Shyam Krishna Gupta 

Hon'ble Amreshwar Pratap Sahi,J. 

Heard learned counsel for the petitioner and the learned Standing Counsel. 

The petitioner was not appointed in spite of being selected and, therefore, he approached this Court by filing writ petition No. 33712 of 1997. The said writ petition was allowed on 2nd January, 2012. A copy of the judgment has been brought on record as Annexure-4 to this writ petition. After a direction was issued keeping in view the educational qualification of the petitioner, the authority has now proceeded to pass the impugned order. 

Sri Indra Raj Singh contends that the qualifications possessed by the petitioner are valid and in as much as as and when the certificate of Buniyadi Praman Patra was with the petitioner, the same has also been found to be valid by a Division Bench judgment in Special Appeal No. 1426 of 2010 decided on 7.9.2010. To that extent there cannot be any dispute that the petitioner's case would be covered by the Division Bench. 

However, the impugned order further records that as on date if the petitioner is to be appointed, he cannot be treated to be eligible as he has not passed the Teacher Eligibility Test.� 

Sri Indra Raj Singh contends that this Teacher Eligibility Test qualification cannot be applied retrospectively to the candidature of the petitioner whose rights had been ripened in 1997. 

This argument cannot be accepted inasmuch as the appointment is yet to be made and as on date the petitioner has to possess the Teacher Eligibility Test certificate. 

In the circumstances, the writ petition is rejected being devoid of merit. 

Order Date :- 8.3.2013 

Manish

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2433383