Final Decision of Allahabad Highcourt for recruitment of 72825 Teachers in Basic Education Dept. PART 2

Final Decision of Allahabad Highcourt for recruitment of 72825 Teachers in Basic Education Dept.

PART -2

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Hon'ble Ashok Bhushan,J.
Hon'ble Vipin Sinha,J.

(Per Hon'ble Ashok Bhushan, J.)

All these special appeals filed against the same judgment of learned Single Judge dated 16.1.2013 being connected, have been heard together and are being decided by this common judgment. The appellants possessing B.Ed. qualification and Teachers Eligibility Test had applied against 72,825 posts of Teachers of primary schools advertised on 30.11.2011, which selection was to take place on the basis of marks obtained in Teachers Eligibility Test, filed the writ petitions challenging the decision of the State Government by which Teachers Eligibility Test was decided to be only a minimum qualification and not the basis of selection. The petitioners had also prayed for completion of selection process on the basis of advertisement dated 30.11.2011. Learned Single Judge although held that neither criteria for selection can be changed after start of selection process nor there was sufficient reason for not proceeding with the selection advertised on 30.11.2011, denied the relief to the petitioner-appellants only on the ground that there being no cadre of 'Trainee Teacher' under the U.P. Basic Education (Teachers) Service Rules, 1981, the advertisement dated 30.11.2011 itself was invalid. The appellants aggrieved by the judgment of learned Single Judge have come up in these appeals.

Facts:
The background facts giving rise to filing of the writ petitions need to be noted for deciding the issues, which have arisen for consideration in this bunch of special appeals. U.P. Basic Education Board constituted under the U.P. Basic Education Act, 1972 (hereinafter referred to as '1972 Act') is running various junior basic schools and Senior basic schools from classes I to VIII. The criteria and procedure for selection is regulated by the U.P. Basic Education (Teachers) Service Rules, 1981 framed under the 1972 Act. For achieving planned and co-ordinated development of the teacher education system throughout the country and for the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith, the National Council for Teachers Education Act, 1993 was enacted by Parliament (hereinafter referred to as 1993 Act). The Right of Education having been recognised as a fundamental right under the Constitution of India and the State being responsible to provide free and compulsory education to the children up to 6 to 14 years, Parliament enacted the Right of Children to Free And Compulsory Education Act, 2009. 
 Under section 23 of 2009 Act the National Council for Teacher Education has been authorised by the Central Government to lay down minimum qualifications for appointment of teachers. The National Council For Teacher Education vide notification dated 23.8.2010 laid down various qualifications for appointment of teachers.
Passing of Teachers Eligibility Test has been laid down as one of the qualifications, which is to be possessed by a candidate for appointment as a teacher. Under clause 3 of the notification dated 23.8.2010, candidates having B.Ed. qualification have also been treated as eligible provided they are imparted six months' special training programme in the elementary education. On 11.2.2011, the National Council For Teacher Education issued guidelines for conduct of Teachers Eligibility Test which further provides for giving weightage to the marks of the Teachers Eligibility Test in the recruitment of teachers.
On 9.11.2011, 1981 Rules were amended by 12th Amendment Rules incorporating passing of Teachers Eligibility Test as one of the minimum qualifications in the 1981 Rules. Rule 14(3) as amended further provides that selection shall be made on the basis of marks in the Teachers Eligibility Test. On 13.11.2011 Board of Highschool and Intermediate Education U.P. conducted the Teachers Eligibility Test examination in which several lacs of candidates participated. On 25.11.2011 result of Teachers Eligibility Test was declared. All the appellants were declared 'pass' in the examination. Inspite of various appointments made in the junior basic schools on the basis of the candidates passing B.T.C. Certificate and Special BTC certificate, still posts of more than a lac teachers are laying vacant in primary schools. By virtue of notification dated 23.8.2010, the candidates who possessed B.Ed. qualification were invited to apply for appointment as Trainee Teacher against 72,825 posts of Teachers for various schools in the State of U.P. The appellants/ writ petitioners submitted their applications in response to advertisement dated 3011.2011. On 31.12.2011 in district Ramabai Nagar, police personnel intercepted a vehicle and seized huge amount of several lacs of rupees and three lists of candidates from persons travelling in the vehicle, allegedly the money was collected to get the candidates passed in Teachers Eligibility Test and to get them appointed as Teachers. A first information report was lodged being case crime No. 675 of 2011 against seven persons. The residence of Director of Education Secondary was also searched on 7.2.2012 where three lists of candidates bearing their roll numbers totalling 260, were found along with an amount of Rs. 400,000 and odd. The Director of Secondary Education was also arrested. A writ petition No. 76039 of 2011 was filed challenging the advertisement dated 30.11.2011 in which this Court on 4.1.2012 stayed the process of selection. The said writ petition was subsequently dismissed as infructuous. On 10.4.2012, the State Government constituted a High Power Committee headed by the Chief Secretary of State to look into the allegations relating to Teachers Eligibility Test examination 2011 and to submit a report. On 1.5.2012, the High Power Committee submitted a report with several recommendations. High Power Committee recommended that Teachers Eligibility Test should be made only a qualifying examination. It was further recommended that those candidates of Teachers Eligibility Test examination 2011 who are found involved in any irregularity/criminal activity be prohibited from selection and their selection be cancelled. The report of High Power Committee was considered by the Cabinet and a decision was taken by the Cabinet, which has been notified by the Government Order dated 26.7.2012. The recommendations made by the High Power Committee were accepted by the Cabinet. The Cabinet decided to treat the Teachers Eligibility Test only as a minimum qualification and not the basis of selection and further the candidates who were found involved in any irregularity and criminal offences were to be prohibited in the selection.
On 31.8.2012, 15th Amendment Rules were published by which the earlier criteria of selection which was on the basis of marks in the Teachers Eligibility Test as introduced by the 12th Amendments Rules have been substituted by the criteria of 'quality point marks' which was prevalent since before the 12th Amendment Rules. A Government Order dated 31.8.2012 was also issued by the State stating that in view of the 15th Amendment rules, the advertisement dated 30.11.2011 have become ineffective hence, the same may be cancelled and the fee be returned to the candidates. U.P. Basic Education Board also issued the order dated 31.8.2012 accordingly. Writ petition No. 39674 of 2012 Akhilesh Tripathi Vs. State of U.P. and others was filed in August, 2012 challenging the Government Order dated 26.7.2012 with further prayer of mandamus directing the respondents to complete the process of selection as per the advertisement dated 30.11.2011. After the publication of the 15th Amendment Rules, an amendment application has also been filed challenging the 15th Amendment Rules as well as the Government Order dated 31.8.2012 cancelling the advertisement dated 30.11.2011. Large number of writ petitions were filed by the other candidates, who have applied in pursuance of the advertisement dated 30.11.2011. In December, 2012, the State Government issued 16th Amendment Rules by which definition of Trainee Teacher has been added as Rule 2(u) in 1981 Rules.

During the pendency of the writ petition, a Government Order dated 5.12.2012 was issued by the State Government initiating process of appointment for B.Ed candidates, who have passed Teachers Eligibility Test on the post of trainee teacher. On 7.12.2012, Basic Shiksha Adhikari of various districts issued advertisement inviting applications. On 16.1.2013 all the writ petitions filed by the appellants have been dismissed by learned Single Judge. On 29.1.2013 Special Appeal No. 150 of 2013 has been filed challenging the judgment of learned Single Judge dated 16.1.2013. A Division Bench of this Court on 4.2.2013 suspended the ongoing selection process till 11.2.2013, which interim order was extended from time to time. Other appeals were filed challenging the same judgment dated 16.1.2013. By order dated 23.10.2013 of Hon'ble the Acting Chief Justice, Special Appeal 237 (D) of 2013 has been nominated to this Bench. The special appeal No. 237 (D) of 2013 and other connected appeals have been listed for hearing.



Continued.....