UPTET : ALLAHABAD HC TRIPLE BENCH HEARING ON 3RD APRIL 2013

UPTET : ALLAHABAD HC TRIPLE BENCH HEARING ON 3RD APRIL 2013

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 29
Case :- WRIT - A No. - 12908 of 2013
Petitioner :- Shiv Kumar Sharma
Respondent :- State Of U.P.Thru Secy & Ors.
Petitioner Counsel :- Anil Bhushan,Adarsh Bhushan,Rahul Agrawal
Respondent Counsel :- C.S.C.,R.A. Akhter,R.B.Yadav

Hon'ble Sunil Ambwani,J.
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Pradeep Kumar Singh Baghel,J.
The Vakalatnama filed by Sri Bhanu Pratap Singh on behalf of respondent no.3 is taken on record.
The Full Bench has been constituted by the orders of Hon'ble the Chief Justice dated 14.3.2013 for deciding the reference made on 8.3.2013 in Writ Petition No.12908 of 2013.
We have heard Shri Rahul Agarwal, Shri Arvind Srivastava, Shri Ashok Khare, Senior Counsel for the petitioners. Shri C.B. Yadav, Additional Advocate General appears for the State of UP. Shri R.A. Akhtar appears for National Council for Teachers Education. Shri R.B. Singhal, Assistant Solicitor General of India assisted by Shri Krishna Agarwal appear for the Central Government.
After giving an opportunity of preliminary hearing to the parties, we are of the view that following questions arise for consideration by the Full Bench:-
"a) What does the phrase "minimum qualifications" occurring in Section 23 (1) of the Right of Children to Free and Compulsory Education Act, 2009 (the Act) mean - whether passing the 'Teacher's Eligibility Test', is a qualification for the purposes of Section 23 (1), and its insistence by the NCTE in the Notification dated 23.08.2010 is in consonance with the powers delegated to the NCTE under Section 23 (1) of the Act?
b) Whether clause 3 (a) of the notifications dated 23.08.2010 and 29.07.2011 issued by the NCTE under Section 23 (1) of the Act,� permits persons coming under the ambit of that clause to not undergo the 'Teacher's Eligibility Test', before they are eligible for appointment as Assistant Teachers? What is the significance of the words "shall also be eligible for appointment for Class-I to V upto 1st January, 2012, provided he undergoes, after appointment an NCTE recognized six months special programme in elementary education"?
c) Whether the opinion expressed by the Division Bench in Prabhakar Singh and others vs. State of UP and others 2013 (1) ADJ 651 (DB), is correct in law?
List on 16.4.2013 at 10.00 AM. The parties will� file written arguments with supporting documents by 12.4.2013.
Order Date :- 3.4.2013
RKP

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2477828
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What I felt is, Court wants to know following details - 
1. Minimum Qualification
2. Kya TET pass karna ek Qualification Hai  ?
3. Iska kya matalb hai - shall also be eligible for appointment for Class-I to V upto 1st January, 2012, provided he undergoes, after appointment an NCTE recognized six months special programme in elementary education"?

4. Kya Double Bench/Division Bench kee openion (RAI) Jo ke Prbhakar Singh ke case mein dee gayee thaa, Vhe Kanoonan Sahee Hai ??
Mere khyal se vhe - NON TET ko Teacher Bhrtee Mein Shamil Karne Kee Thee