UPTET : Petitioner (a teacher of Junior High School) Salary Stopped due to not possessing TET Qualification

UPTET : Petitioner (a teacher of Junior High School) Salary Stopped due to not possessing TET Qualification

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 13805 of 2013 

Petitioner :- Smt.Mamta Nigam And Ors. 
Respondent :- State Of U.P.Thru Secy & Ors. 
Petitioner Counsel :- Siddharth Khare,Ashok Khare 
Respondent Counsel :- C.S.C.,C.K.Rai,O.P.Lohia 

Hon'ble Amreshwar Pratap Sahi,J. 
Heard Sri Ashok Khare, learned Senior Counsel for the petitioners. 
The petitioners are teachers of a Girls Junior High School which is aided but privately managed. 
All the petitioners claim to have been appointed in the institution as Assistant Teachers on 16th of August, 2011. 
The dispute with regard to their payment of salary was directed to be considered and now the impugned order has been passed in which an additional ground has been given for not accepting the claim of the petitioners as they do not possess the qualification of having passed the Teacher Eligibility Test. 
The impugned order at the same time does not annul the appointments but also does not extend the benefit of payment of salary to the petitioners. 
Sri Khare submits that so far as the petitioners are concerned they have been appointed prior to the amendment in the rules of appointment introducing the qualification of the Teacher Eligibility Test and as such the petitioners cannot be compelled to possess the said qualification for the purpose of their continuance. He submits that the State Government itself was not sure of the date of the enforcement of the Notification dated 23.8.2010 issued by the National Council for Teacher Education, the Academic Authority that has enforced the said Notification under the Right to Compulsory Education Act, 2009. He therefore submits that all such appointments after 23.8.2010 and before the amendment of the rules should be treated to be valid. 
The question is as to whether any candidate could have been appointed without having passed the Teacher Eligibility Test after the Notification dated 23.8.2010. 
Sri Khare has relied on the division bench judgment in the case of Prabhakar Singh & others Vs. State of U.P. & others reported in 2013 (1) ADJ Pg. 651. 
The said judgment raising the same legal issue had been cited before this court and keeping in view the reservations about the correctness of the said judgment a request has been made to Hon'ble the Chief Justice for constituting a larger bench vide order dated 8.3.2013 in writ petition no. 12908 of 2013 Shiv Kumar Sharma Vs. State of U.P. 
In the aforesaid circumstances, it would be appropriate that this matter is heard after the reference is answered as indicated above. 
In the meantime, it is open to the respondents to file a counter affidavit within one month. 
Order Date :- 12.3.2013 
Sahu 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2435986