UPTET : BTC Candidate who cleared UPTET exam as well demands appointment as Asst. Teacher

UPTET : BTC Candidate who cleared UPTET exam as well demands appointment as Asst. Teacher

UPTET - Teacher Eligibility Test Updates / Recruitment News

See Judgement -

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 27778 of 2013 

Petitioner :- Saket Kumar 

Respondent :- State Of U.P.& 4 Ors. 

Petitioner Counsel :- Ashwani Kumar Yadav 

Respondent Counsel :- C.S.C.,A.K.Yadav 

Hon'ble Amreshwar Pratap Sahi,J. 

Heard learned counsel for the petitioner. 

The petitioner has come up raising the same plea which has already been answered by the Division Bench of this Court in the case of Prabhakar Singh Vs. State of U.P. and others 2013 (1) ADJ 651. ��������������������� The said decision was referred to a larger Bench doubting the correctness of the second part of the judgment with regard to the compulsion of teacher eligibility test. 

So far as the first part of the judgment in Prabhakar Singh's case is concerned, the same has followed the decision in the case of Devendra Singh Vs. State of U.P. & others (2007) 9 SCC 491 and has held that the process of appointment begins with the advertisement under Rule 14 of the 1981 Rules. In the instant case the petitioner contends that he had already appeared in the examination and was duly qualified even before the notification dated 23.8.2010 and, therefore, the petitioner is entitled the automatically appointed as an assistant teacher in view of the observations made by this Court in the judgment dated 3.11.2009 in writ petition No. 57704 of 2009. 

I am unable to agree with the submissions in as much as in view of the judgment In Prabhakar Singh's case referred to hereinabove the process of appointment begins with the advertisement for the purpose of appointment under Rule 14 of 1981 Rule. No such advertisement was issued prior to 23.8.2010 against which the petitioner could have applied. His mere completion of the B.T.C. examination and passing it out does not give him an automatic right to seek appointment as an assistant teacher. 

The petition is misconceived and is hereby dismissed. 

Order Date :- 16.5.2013 

Manish 

Source : Allahabad HC website. For authentic copy kindly contact concerned authority.