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D. ED Diploma in Education is Allowed for Primary Teacher
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 533 of 2015
Petitioner :- Devendra Narayan Pandey And 93 Ors
Respondent :- State Of U.P. And 3 Ors
Counsel for Petitioner :- Satyendra C. Tripathi
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.�
The petitioners possess the qualification� of Diploma in� Education(Special Education) i.e. D.Ed. and have successfully� cleared� TET Examination and are� eligible for appointment on the post of� Assistant Teachers in primary schools. They are applicants against� various� advertisements� issued� for appointment on the post of� Assistant� Teachers. � By means of present writ petition, the petitioners have sought� for� quashing of the� advertisement� dated 12.12.2014/13.12.2014 on the ground that the qualification as mentioned in the� said� advertisement is not� in conformity with the� eligibility� qualification as prescribed� by the� NCTE in� notification dated 23.8.2010 as amended in notification dated 29.7.2011.
Similar� controversy came up� before� Division Bench of this� Court in� Special� Appeal Defective No. 130 of 2014 Harsh Kumar & another vs.� State f U.P. and four others� connected with� another Special� Appeal� No. 131 of� 2014 Devendra� Narayan� Pandey and 11 others.� It� was observed� that qualifications which have been prescribed by the NCTE in notification dated 29.7.2011 include two� years Diploma in� Education (Special� Education) i.e. D.Ed. Once the qualifications have been prescribed by� the NCTE, these� would necessarily be� binding� and� it is not open for the State� Government� to exclude (from� the zone of eligibility).� Consequently,� Diploma in� Education(Special� Education) was held to be� a qualification� which is recognized� for appointment� on the post of Assistant� Teacher for teaching class 1� to 5.� A mandamus be issued� directing� the� State� Government to permit the� appellants therein and such other persons who claim to be holding� such qualification� which are within the purview of the� notification issued by NCTE on 23.8.2010 as amended on 29.7.2011, to apply� for the post of� Assistant� Teacher for� teaching class 1� to� 5 which was subject matter� of� advertisement in question.�
Learned counsel for the petitioners informs that Special� Leave� Petition� filed in the� Apex� Court against� judgment of this� Court dated 5.2.2014 in� Special� Appeal Defective Nos. 130 of 2014 and 131 of 2014 was dismissed on 13.1.2015.� Contention is that the petitioners possess eligibility qualification as prescribed� by� NCTE in notification dated 23.8.2010 as amended on 29.7.2011 and hence�� the case is� squarely covered by the judgment� of this� Court in Harsh Kumar(supra).
Learned Standing Counsel appearing for respondent� Nos. 3 an� 4 fairly admits the contention of learned counsel� for the� petitioners.
In view thereof, a mandamus� is issued to the respondents to� accept the� online application forms of the petitioners who claim to be holding� the eligibility� qualification� as per notification issued� on 23.8.2010 as amended on 29.7.2011 for the post of� Assistant� Teachers in� primary� schools(class 1 to 5) as against advertisement dated 12.12.2014/13.12.2014 i.e. advertisement in question.
The writ petition is allowed.
Order Date :- 2.2.2015
P.P.
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D. ED Diploma in Education is Allowed for Primary Teacher
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 533 of 2015
Petitioner :- Devendra Narayan Pandey And 93 Ors
Respondent :- State Of U.P. And 3 Ors
Counsel for Petitioner :- Satyendra C. Tripathi
Counsel for Respondent :- C.S.C.,A.K. Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.�
The petitioners possess the qualification� of Diploma in� Education(Special Education) i.e. D.Ed. and have successfully� cleared� TET Examination and are� eligible for appointment on the post of� Assistant Teachers in primary schools. They are applicants against� various� advertisements� issued� for appointment on the post of� Assistant� Teachers. � By means of present writ petition, the petitioners have sought� for� quashing of the� advertisement� dated 12.12.2014/13.12.2014 on the ground that the qualification as mentioned in the� said� advertisement is not� in conformity with the� eligibility� qualification as prescribed� by the� NCTE in� notification dated 23.8.2010 as amended in notification dated 29.7.2011.
Similar� controversy came up� before� Division Bench of this� Court in� Special� Appeal Defective No. 130 of 2014 Harsh Kumar & another vs.� State f U.P. and four others� connected with� another Special� Appeal� No. 131 of� 2014 Devendra� Narayan� Pandey and 11 others.� It� was observed� that qualifications which have been prescribed by the NCTE in notification dated 29.7.2011 include two� years Diploma in� Education (Special� Education) i.e. D.Ed. Once the qualifications have been prescribed by� the NCTE, these� would necessarily be� binding� and� it is not open for the State� Government� to exclude (from� the zone of eligibility).� Consequently,� Diploma in� Education(Special� Education) was held to be� a qualification� which is recognized� for appointment� on the post of Assistant� Teacher for teaching class 1� to 5.� A mandamus be issued� directing� the� State� Government to permit the� appellants therein and such other persons who claim to be holding� such qualification� which are within the purview of the� notification issued by NCTE on 23.8.2010 as amended on 29.7.2011, to apply� for the post of� Assistant� Teacher for� teaching class 1� to� 5 which was subject matter� of� advertisement in question.�
Learned counsel for the petitioners informs that Special� Leave� Petition� filed in the� Apex� Court against� judgment of this� Court dated 5.2.2014 in� Special� Appeal Defective Nos. 130 of 2014 and 131 of 2014 was dismissed on 13.1.2015.� Contention is that the petitioners possess eligibility qualification as prescribed� by� NCTE in notification dated 23.8.2010 as amended on 29.7.2011 and hence�� the case is� squarely covered by the judgment� of this� Court in Harsh Kumar(supra).
Learned Standing Counsel appearing for respondent� Nos. 3 an� 4 fairly admits the contention of learned counsel� for the� petitioners.
In view thereof, a mandamus� is issued to the respondents to� accept the� online application forms of the petitioners who claim to be holding� the eligibility� qualification� as per notification issued� on 23.8.2010 as amended on 29.7.2011 for the post of� Assistant� Teachers in� primary� schools(class 1 to 5) as against advertisement dated 12.12.2014/13.12.2014 i.e. advertisement in question.
The writ petition is allowed.
Order Date :- 2.2.2015
P.P.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment /SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
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UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment /SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
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