Candidate Cleared Upper Primary Language TET Exam And Wants Consider Him Equivalent to Lower Primary Language TET Exam to Get Appointment of Assistant Teacher (Urdu Language), Petition Dismisses , No Relief

Candidate Cleared Upper Primary Language TET Exam And Wants Consider Him Equivalent to Lower Primary Language TET Exam to Get Appointment of Assistant Teacher (Urdu Language),

Petition Dismisses , No Relief

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 50543 of 2013

Petitioner :- Shoyeb Niyaz
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Abhinav Tripathi,Shailesh Shukla
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

Hon'ble V.K. Shukla,J.
Petitioner before this Court is submitting that respondents be directed to consider the Teacher Eligibility Test (Upper Primary Language) equivalent to Teacher Eligibility Test (Lower Primary Language) for giving appointment in Basic Primary Schools on the post of Assistant Teacher (Urdu Language).
Petitioner submits that as per the syllabus issued by the National Council for Teacher Education and as per the syllabus as is reflected for qualifying Teacher Eligibility Test (Upper Primary Language) and Teacher Eligibility Test (Lower Primary Language) is more or less identical, then in such a situation there is no reason not to consider the Teacher Eligibility Test (Upper Primary Language) equivalent to Teacher Eligibility Test (Lower Primary Language) for giving appointment in Basic Primary Schools on the post of Assistant Teacher (Urdu Language).
Fixation of eligibility criteria is in the realm of policy decision and once the framers of policy in their wisdom have treated differently Teacher Eligibility Test meant for Upper Primary Language and the Teacher Eligibility Test meant for Lower Primary Language, then it may be true that on prima-facie basis the syllabus may be one and the same but the authority concerned in their wisdom thought it to treat differently, inasmuch as, the syllabus may be the same but the standard may be different and, in view of this, once it is in the realm of policy decision, then no relief or reprieve can be given to petitioner, as has been prayed for. 
Writ petition is dismissed, accordingly. 
Order Date :- 17.9.2013 
Shekhar


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2800807