UPTET : Petitioner Claimed 82/150 in CTET is Passed But 82/150 in UPTET is Failed, Court suggest Petitioner can approach to NCTE

UPTET : Petitioner Claimed 82/150 in CTET is Passed But 82/150 in UPTET is Failed, Court suggest Petitioner can approach to NCTE

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?A.F.R.
Court No. - 30
Case :- WRIT - A No. - 30875 of 2013

Petitioner :- Jaswant Saini And 3 Ors.
Respondent :- Basic Shiksha Adhikari And 5 Ors.
Counsel for Petitioner :- J.S.Pandey,V.Singh
Counsel for Respondent :- C.S.C.

Hon'ble Amreshwar Pratap Sahi, J.
Heard learned counsel for the petitioner, Sri Chaubey for the respondent No.1 and Sri Awadhesh Kumar for the respondent No.2.
The petitioners have all qualified the Central Teacher Eligibility Test conducted by the Central Board of Secondary Education. They belong to the Other Backward Caste Category. They have obtained 82 marks out of 150. Consequently, the percentage of their marks works out to be 54.67. 
According to the guidelines framed by the National Council for Teacher Education on 11.2.2011 read with the clarification issued on 1.4.2011, a candidate appearing in the test will be treated to have passed the test provided he scores 60% or more marks in the test. This percentage is reduced by 5% in relation to the reserved category candidates.
The purpose of providing these minimum marks have been indicated in clause 9 of the Notification dated 11.2.2011. It provides that even in the recruitment process weightage has to be given to the TET scores.
The petitioners contend that they have been declared to have passed the CTET with only 82 marks and, therefore, according to the U.P. Basic Education Teachers Service Rules, 1981, they should be treated to be eligible as they possess the essential qualification of Teacher Eligibility Test.
However, the forms for applying to the post of Assistant Teacher which have to be uploaded on online basis, for which the last date is today, the minimum marks required for the reserved category candidate is indicated as 83 out of 150 which is 55.43%.
Sri V. Singh, learned counsel for the petitioner, contends that if the petitioners have been declared to have qualified the Teacher Eligibility Test conducted by the Central Board of Secondary Education, then such eligibility should also be included in respect of such candidates, who have obtained 82 marks out of 150. He submits that there can be no discrimination, as the percentage of the petitioner which is 54.67% should be read as 55%.
He contends that no candidate can obtain any fraction of marks because every question has one mark allotted in the answer-book. Consequently, if a candidate gets 82.6 marks, then only he will be able to score 55% and, therefore, on account of this anomaly existing, the Central Board of Secondary Education took a decision to treat such candidates to have qualified, who have obtained 82 marks. The reasons appears to be that no candidate can get half a mark or any fraction as on evaluation one gets full one marks or none. Thus, the CBSE which is the examining body has treated 82/150 = 54.67% as the pass percentage to qualify in the examination. Sri Singh, therefore, submits that the same criteria should be adopted by the State of U.P. while offering appointment to Assistant Teachers under the 1981 Rules.
Having considered the aforesaid submissions raised, primarily this is an issue of policy which has to be decided by the National Council for Teacher Education and it does not fall within the authority of the Central Board of Secondary Education to give any such decision in relation to calculation.
The reason is very simple inasmuch the National Council for Teacher Education is the Academic Authority defined and entitled to lay down the norms of minimum qualifications as per Section 23 of the the Right of Children to Free and Compulsory Education Act, 2009. The power, therefore, vests in the Academic Authority and not in the Central Board of Secondary Education.
There is nothing on record to indicate that the National Council for Teacher Education has considered this anomaly to be read in favour of the petitioners. In such a situation, the petitioners ought to have approached the National Council for Teacher Education for the redressal of their grievances.
I am not inclined to issue any mandamus as prayed for in view of the fact that the existing norms clearly require the possession of 55% or more marks in relation to the reserved category candidates. The score of 82 out of 150 does not amount to 55% or more and the principles of rounding off will not be available in view of the fact that the prescription in clause 9 of the guidelines dated 11.2.2011 clearly recites, the minimum percentage or more as the score, which has to be obtained by a candidate. In such circumstances, less than 55% is not contemplated therein. 
Accordingly, the writ petition is consigned to records with liberty to the petitioners to approach the National Council for Teacher Education for any such clarification. 
Order Date :- 29.5.2013 
Irshad


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2613741