UPTET SARKARI NAUKRI News - Shiksha Mitra High Court Order Part 3 -
Part 3 mein Shiksha Mitron ke against hee sab kuch dikhayee de raha hai -
1. Training Program unke Skill enhancement ke leeye tha
2. Central Govt ko hee TET se relaxation ka power tha, aur use UP Govt RTE act ne bhee sweekar kiya tha. B Ed n BTC ke case mein TET mandatory bataya state govt ne , Lekin Shiksha Mitro ke case mein nahin
3. TET se relaxation ki power UP Govt. kee bhram ki Upaj thee, Kyunki RTE Act ke anusaar uske pass ye Power thee Hee Nahin
A14 Open and Distance Learning proposal: NCTE permission
On 3 January 2011, a revised proposal was submitted by the State Government for the training of Shiksha Mitras to NCTE. The proposal envisaged that there were 1,78,000 untrained teachers (graduate Shiksha Mitras) engaged on a contract basis by Village Education Committees, working in primary schools. Of these, it was stated that 1,24,000 Shiksha Mitras were graduates and if the untrained graduate Shiksha Mitras were given teacher training, the shortage of qualified teachers in schools would be met. The operational plan which was envisaged by the State, provided that 62,300 untrained graduate Shiksha Mitras would be imparted a two year BTC training during 2011-12 and 2012-13, while the remaining 62,000 would be trained in 2013-14 and 2014-15. The proposal envisaged that the training would be imparted at seventy District Institutes of Education and Training (DIETs) and at twenty Block Resources Centres (BRCs).
On 14 January 2011, the NCTE specifically on the basis of the permission which was sought by the State Government in terms of its letter dated 3 January 2011, acceded to the proposal for training of untrained graduate Shiksha Mitras and, for that purpose, for conducting a two year diploma in elementary education through the open and distance learning mode. NCTE, however, clarified in Clause 13 of its letter that the State Government shall ensure that no appointment of untrained teachers is made in whatsoever manner. On 11 July 2011, details of the training programme were issued by the State Government.
A15 Central Rules under RTE Act, 2009
The Union Government had issued the Right of Children to Free and Compulsory Education Rules, 201016, under the RTE Act 2009. The RTE Rules of 2010 dealt with the acquisition of minimum qualifications in Part VI. Rule 17 empowered the Central Government to notify an academic authority for laying down the academic qualifications for a person to be eligible as a teacher. Once the minimum qualifications were prescribed, they would mandatorily apply to every school governed by Section 2(n) of the RTE Act of 2009. Rule 18 governs a relaxation of the minimum qualification, under which the State Government was required to estimate its teachers' requirement in accordance with the norms prescribed in the Schedule for all schools covered by Section 2(n). Under sub-rule (2) of Rule 18, it is contemplated that the State Government could request the Union Government for a relaxation of the prescribed minimum qualifications in either of two eventualities, namely: (i) where the State did not have adequate institutions offering courses of training in teacher education; or (ii) the State did not have adequate persons possessing the minimum qualifications notified under Rule 17(2) by the authority authorised by the Central Government. On receiving such a request, the Central Government was empowered to specify the nature of the relaxation and the period of time, not exceeding three years but not beyond five years from the commencement of the Act within which the minimum qualifications would have to be acquired. Sub-rule (5) of Rule 18 stipulated that after six months from the commencement of the Act, no appointment of a teacher for any school can be made in respect of a person not possessing the minimum qualifications notified in sub-rule (2) of Rule 17 without a relaxation of qualifications under sub-rule (3). Rule 19 made it mandatory for the State Government to provide adequate training facilities to ensure that all teachers in schools acquired the minimum qualifications within a period of five years from the commencement of the Act.
A16 State Rules under RTE Act 2009
On 27 July 2011, the UPRTE Rules, 2011 were issued. The UPRTE Rules of 2011 which were framed by the State of Uttar Pradesh under the RTE Act of 2009 were in accordance with the provisions which were contained in the Central Rules. The salient provisions of the UPRTE Rules of 2011 were as follows :
(i) Under Rule 15, the minimum educational qualifications for teachers laid down by an authority authorised by the Central Government were to be applicable to every school under Section 2(n);
(ii) For the purpose of applying for a relaxation of the minimum qualifications under Section 23(2), Rule 16 envisaged the same procedure as was contemplated by Rule 18 of the Central Rules of 2010;
(iii) Rule 16 contemplated that the State Government could move the Union Government for the grant of a relaxation of the minimum qualifications and provides that no appointment of a teacher to any school could be made of a person not possessing the minimum educational qualifications without the issuance of a notification of relaxation by the Central Government.
A17 State amendment to Service Rules
The State Government by a notification dated 9 November 2011 amended the Services Rules which were framed in 1981 under the Basic Education Act. By the Rules as amended, which were called the Uttar Pradesh Basic Education (Teachers) Service (Twelfth Amendment) Rules, 2011, the qualifications which were prescribed in Rule 8 were modified so as to make the passing of the TET compulsory. This was as mandated by the notification dated 23 August 2010 issued by NCTE. The notification of the State Government dated 9 November 2011 provided the following academic qualifications for appointment of an Assistant Teacher in a junior basic school:
"(ii) Assistant Master and Assistant Mistresses of Junior Basic Schools
Bachelors degree from a University established by law in India or a degree recognised by the Government as equivalent thereto together with any other training course recognised by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate (BTC), two years BTC (Urdu) Vishisht BTC and have passed teacher eligibility test conducted by the Government of Uttar Pradesh."
These amendments which were made by the State Government were intended to ensure that the qualifications which were prescribed in the Service Rules of 1981 accord with the mandatory requirement of passing the TET which was stipulated by NCTE from 23 August 2010.
A18 Amendments to NCTE Act
On 12 October 2011 17, the provisions of the NCTE Act were amended by Parliament by Amending Act 18 of 2011 which was brought into force with effect from 1 June 2012. The amendments, inter-alia, included an amendment to Section 1(3) to make the Act applicable to the following categories:
"(a) Institutions;
(b)students and teachers of the institutions;
(c) schools imparting pre-primary, primary, upper primary, secondary or senior secondary education and colleges providing senior secondary or intermediate education irrespective of the fact, by whatever names they may be called; and
(d) teachers for schools and colleges referred to in Clause (c)."
A definition was inserted in Section 2(ka) of the expression 'school' in the following terms:
"(ka) "school" means any recognized school imparting pre-primary, primary, upper primary, secondary or senior secondary education or a college imparting senior secondary education, and includes-
(i) a school established, owned and controlled by the Central Government, or the State Government or a local authority;
(ii) a school receiving aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority;
(iii) a school not receiving any aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority."
These amendments to the NCTE Act were intended to clarify the intent of Parliament that the Act would apply to schools from the stage of pre-primary education through to the senior secondary or intermediate education covering also all stages between. Section 12-A was introduced into the NCTE Act to provide as follows:
"12-A. Power of Council to determine minimum standards of education of school teachers.- For the purpose of maintaining standards of education in schools, the Council may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority;
Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education (Amendment) Act, 2011 solely on the ground of non-fulfilment of such qualifications as may be specified by the Council:
Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)."
An amendment was also made to Section 32(2) so as to empower NCTE to frame regulations in regard to the qualifications of teachers under Section 12-A, by the introduction of clause (dd) in sub-section (2) of Section 32.
A19 ODL Training and absorption
On 14 July 2012, a Government Order was issued by the State of Uttar Pradesh recognising that various Shiksha Mitras had obtained graduate degrees during the course of their employment. The Government Order contemplated that such persons would be imparted training through the mode of distance education. This was to apply to those candidates who had obtained their graduate degrees by 25 July 2012. On 7 February 2013, the State Government issued a training schedule for 64,000 Shiksha Mitras. The Government Order recorded that 60,000 Shiksha Mitras had already received their training. The Government Order further referred to the existence of an additional 46,000 Shiksha Mitras who had passed the intermediate stage. The Government Order provided for the absorption of 1,70,000 Shiksha Mitras (comprised of 1,24,000 who had completed their graduate degrees and 46,000 who were expected to complete their graduation by September 2015).
A20 Amendment to State RTE Rules
On 30 May 2014, the State Government amended the UP RTE Rules of 2011 by the First Amendment Rules, 2014. By the amendment, the State Government introduced a definition of the expression 'Shiksha Mitra' to cover those Shiksha Mitras who had been selected and were working in accordance with the Government Orders in junior basic schools conducted by the Basic Education Board. Rule 16-A as introduced into the UP RTE Rules of 2011 by way of amendment, is in the following terms:
"16-A. Notwithstanding anything contained in rules 15 and 16, the State Government may, in order to implement the provisions of the Act, by order make provisions for relaxation of minimum educational qualification for appointment of such Shiksha Mitras as Assistant Teachers in Junior Basic Schools as are considered otherwise eligible."
Rules 16-A contains a non obstante provision. Under it, the State Government assumed the power to relax the minimum educational qualifications prescribed in the case of those Shiksha Mitras who were considered to be otherwise eligible so as to facilitate their appointment as Assistant Teachers in junior basic schools.
A21 Amendment to State Service Rules
On 30 May 2014, the State Government notified the amended Service Rules of 1981. The amended Rules retain the definition of the expression "teacher" in Rule 2(o) of the original Rules. The expression 'teacher' is defined to mean 'a person employed for imparting instructions in nursery schools, basic schools, junior basic schools or senior basic schools'. The expression 'Shiksha Mitra' is defined in Rule 2(v) as follows:
"(v) "Shiksha Mitra" means a person working as such in junior basic schools run by Basic Shiksha Parishad under the Government Orders prior to the commencement of Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011."
In the sources of recruitment in Rule 5, a provision is now made in the Rules, as amended, for the appointment of Shiksha Mitras. Rule 5, as amended, reads as follows:
"5. Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
(a) (i) Mistresses of Nursery School
(ii)Assistant Masters and Assistant Mistresses of Junior Basic Schools
By direct recruitment as provided in rules 14 and 15;
By direct recruitment as provided in rules 14 and 15;
or
By appointment of such Shiksha Mitras as are engaged as Shiksha Mitra and working as such on the date of commencement of the Uttar Pradesh Basic Education (Teachers) (Nineteenth Amendment) Rules, 2014."
In Rule 6, the upper age limit in the case of a Shiksha Mitra is provided as sixty years. Rule 8, which defines the qualifications for eligibility for appointment of an Assistant Teacher in a junior basic school, has been amended so as to provide as follows:
"(ii)Assistant Master and Assistant Mistresses of Junior Basic Schools
(ii) (a) Bachelors degree from a University established by law in India or a degree recognized by the Government equivalent thereto together with any other training course recognised by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate (BTC), two years BTC (Urdu), Vishisht BTC and teacher eligibility test passed, conducted by the Government or by the Government of India;
(b) a Trainee Teacher who has completed successfully six months special training programme in elementary education recognized by NCTE;
(c) A Shiksha Mitra who possessed Bachelors degree from a University established by law in India or a degree recognized by the Government equivalent thereto and has completed successfully two years distant learning BTC course or Basic Teacher's Certificate (BTC), Basic Teacher's Certificate (BTC) (Urdu) or Vishist BTC conducted by the State Council of Educational Research and Training (SCERT)." (emphasis supplied)
The striking aspect is the absence of a requirement for a Shiksha Mitra to hold a TET certificate. This requirement is made mandatory by NCTE. In fact in the State Service Rules of 1981, it has been applied in clause (a) to other teachers holding a bachelor's degree and a basic teacher's certificate but has been consciously omitted in the case of Shiksha Mitras.
Rule 14(6)(a) envisages the appointment of Shiksha Mitras against substantive posts of Assistant Teachers. Rule 14(6)(a) contemplates that all Shiksha Mitras shall be appointed against substantive posts of Assistant Teachers in junior basic schools after obtaining a certificate of the successful completion of the two years' distance education BTC course, or other equivalent courses stipulated therein. Rule 14(6)(a) provides as follows:
"14(6)(a)-The Shiksha Mitra after obtaining the certificate of successful completion of two years distant BTC course or Basic Teacher's Certificate (BTC), Basic Teacher's Certificate (BTC) (Urdu) or Vishisht BTC conducted by State Council of Educational Research and Training (SCERT) shall be appointed as assistant teachers in junior basic schools against substantive post. To appoint the Shiksha Mitras as assistant teachers in junior basic schools, the appointing authority shall determine the number of vacancies including the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes and other categories under rule 9."
Rule 14(6)(b) provides that the appointing authority shall draw a list of Shiksha Mitras possessing the prescribed qualification in Rule 8. Under Rule 14(6)(c), the names of Shiksha Mitras are to be drawn up in an ascending order according to their dates of birth. The system of providing for quality point marks, which is mandatory for other categories, has not been prescribed for Shiksha Mitras.
A22 NCTE Regulations, 2014
On 12 November 2014, NCTE issued the National Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools and Colleges) Regulations, 2014. The Regulations of 2014 provide that for primary classes (classes I to VIII), the minimum qualifications shall be those as have been laid down by NCTE by its notification dated 23 August 2010, as amended from time to time. Regulation 5 empowers NCTE, on receipt of a reference from the State Government, to relax the provisions of the Regulations subject to satisfaction of the existence of special circumstances. However, the proviso to Regulation 5 stipulates that no relaxation shall be granted with regard to the minimum qualifications for appointment of teachers for classes I to VIII as specified in the Schedule.
Now, it is in this background that we would have to consider the nature of the challenge in these proceedings.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / 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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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
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Part 3 mein Shiksha Mitron ke against hee sab kuch dikhayee de raha hai -
1. Training Program unke Skill enhancement ke leeye tha
2. Central Govt ko hee TET se relaxation ka power tha, aur use UP Govt RTE act ne bhee sweekar kiya tha. B Ed n BTC ke case mein TET mandatory bataya state govt ne , Lekin Shiksha Mitro ke case mein nahin
3. TET se relaxation ki power UP Govt. kee bhram ki Upaj thee, Kyunki RTE Act ke anusaar uske pass ye Power thee Hee Nahin
A14 Open and Distance Learning proposal: NCTE permission
On 3 January 2011, a revised proposal was submitted by the State Government for the training of Shiksha Mitras to NCTE. The proposal envisaged that there were 1,78,000 untrained teachers (graduate Shiksha Mitras) engaged on a contract basis by Village Education Committees, working in primary schools. Of these, it was stated that 1,24,000 Shiksha Mitras were graduates and if the untrained graduate Shiksha Mitras were given teacher training, the shortage of qualified teachers in schools would be met. The operational plan which was envisaged by the State, provided that 62,300 untrained graduate Shiksha Mitras would be imparted a two year BTC training during 2011-12 and 2012-13, while the remaining 62,000 would be trained in 2013-14 and 2014-15. The proposal envisaged that the training would be imparted at seventy District Institutes of Education and Training (DIETs) and at twenty Block Resources Centres (BRCs).
On 14 January 2011, the NCTE specifically on the basis of the permission which was sought by the State Government in terms of its letter dated 3 January 2011, acceded to the proposal for training of untrained graduate Shiksha Mitras and, for that purpose, for conducting a two year diploma in elementary education through the open and distance learning mode. NCTE, however, clarified in Clause 13 of its letter that the State Government shall ensure that no appointment of untrained teachers is made in whatsoever manner. On 11 July 2011, details of the training programme were issued by the State Government.
A15 Central Rules under RTE Act, 2009
The Union Government had issued the Right of Children to Free and Compulsory Education Rules, 201016, under the RTE Act 2009. The RTE Rules of 2010 dealt with the acquisition of minimum qualifications in Part VI. Rule 17 empowered the Central Government to notify an academic authority for laying down the academic qualifications for a person to be eligible as a teacher. Once the minimum qualifications were prescribed, they would mandatorily apply to every school governed by Section 2(n) of the RTE Act of 2009. Rule 18 governs a relaxation of the minimum qualification, under which the State Government was required to estimate its teachers' requirement in accordance with the norms prescribed in the Schedule for all schools covered by Section 2(n). Under sub-rule (2) of Rule 18, it is contemplated that the State Government could request the Union Government for a relaxation of the prescribed minimum qualifications in either of two eventualities, namely: (i) where the State did not have adequate institutions offering courses of training in teacher education; or (ii) the State did not have adequate persons possessing the minimum qualifications notified under Rule 17(2) by the authority authorised by the Central Government. On receiving such a request, the Central Government was empowered to specify the nature of the relaxation and the period of time, not exceeding three years but not beyond five years from the commencement of the Act within which the minimum qualifications would have to be acquired. Sub-rule (5) of Rule 18 stipulated that after six months from the commencement of the Act, no appointment of a teacher for any school can be made in respect of a person not possessing the minimum qualifications notified in sub-rule (2) of Rule 17 without a relaxation of qualifications under sub-rule (3). Rule 19 made it mandatory for the State Government to provide adequate training facilities to ensure that all teachers in schools acquired the minimum qualifications within a period of five years from the commencement of the Act.
A16 State Rules under RTE Act 2009
On 27 July 2011, the UPRTE Rules, 2011 were issued. The UPRTE Rules of 2011 which were framed by the State of Uttar Pradesh under the RTE Act of 2009 were in accordance with the provisions which were contained in the Central Rules. The salient provisions of the UPRTE Rules of 2011 were as follows :
(i) Under Rule 15, the minimum educational qualifications for teachers laid down by an authority authorised by the Central Government were to be applicable to every school under Section 2(n);
(ii) For the purpose of applying for a relaxation of the minimum qualifications under Section 23(2), Rule 16 envisaged the same procedure as was contemplated by Rule 18 of the Central Rules of 2010;
(iii) Rule 16 contemplated that the State Government could move the Union Government for the grant of a relaxation of the minimum qualifications and provides that no appointment of a teacher to any school could be made of a person not possessing the minimum educational qualifications without the issuance of a notification of relaxation by the Central Government.
A17 State amendment to Service Rules
The State Government by a notification dated 9 November 2011 amended the Services Rules which were framed in 1981 under the Basic Education Act. By the Rules as amended, which were called the Uttar Pradesh Basic Education (Teachers) Service (Twelfth Amendment) Rules, 2011, the qualifications which were prescribed in Rule 8 were modified so as to make the passing of the TET compulsory. This was as mandated by the notification dated 23 August 2010 issued by NCTE. The notification of the State Government dated 9 November 2011 provided the following academic qualifications for appointment of an Assistant Teacher in a junior basic school:
"(ii) Assistant Master and Assistant Mistresses of Junior Basic Schools
Bachelors degree from a University established by law in India or a degree recognised by the Government as equivalent thereto together with any other training course recognised by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate (BTC), two years BTC (Urdu) Vishisht BTC and have passed teacher eligibility test conducted by the Government of Uttar Pradesh."
These amendments which were made by the State Government were intended to ensure that the qualifications which were prescribed in the Service Rules of 1981 accord with the mandatory requirement of passing the TET which was stipulated by NCTE from 23 August 2010.
A18 Amendments to NCTE Act
On 12 October 2011 17, the provisions of the NCTE Act were amended by Parliament by Amending Act 18 of 2011 which was brought into force with effect from 1 June 2012. The amendments, inter-alia, included an amendment to Section 1(3) to make the Act applicable to the following categories:
"(a) Institutions;
(b)students and teachers of the institutions;
(c) schools imparting pre-primary, primary, upper primary, secondary or senior secondary education and colleges providing senior secondary or intermediate education irrespective of the fact, by whatever names they may be called; and
(d) teachers for schools and colleges referred to in Clause (c)."
A definition was inserted in Section 2(ka) of the expression 'school' in the following terms:
"(ka) "school" means any recognized school imparting pre-primary, primary, upper primary, secondary or senior secondary education or a college imparting senior secondary education, and includes-
(i) a school established, owned and controlled by the Central Government, or the State Government or a local authority;
(ii) a school receiving aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority;
(iii) a school not receiving any aid or grants to meet whole or part of its expenses from the Central Government, the State Government or a local authority."
These amendments to the NCTE Act were intended to clarify the intent of Parliament that the Act would apply to schools from the stage of pre-primary education through to the senior secondary or intermediate education covering also all stages between. Section 12-A was introduced into the NCTE Act to provide as follows:
"12-A. Power of Council to determine minimum standards of education of school teachers.- For the purpose of maintaining standards of education in schools, the Council may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority;
Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education (Amendment) Act, 2011 solely on the ground of non-fulfilment of such qualifications as may be specified by the Council:
Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009)."
An amendment was also made to Section 32(2) so as to empower NCTE to frame regulations in regard to the qualifications of teachers under Section 12-A, by the introduction of clause (dd) in sub-section (2) of Section 32.
A19 ODL Training and absorption
On 14 July 2012, a Government Order was issued by the State of Uttar Pradesh recognising that various Shiksha Mitras had obtained graduate degrees during the course of their employment. The Government Order contemplated that such persons would be imparted training through the mode of distance education. This was to apply to those candidates who had obtained their graduate degrees by 25 July 2012. On 7 February 2013, the State Government issued a training schedule for 64,000 Shiksha Mitras. The Government Order recorded that 60,000 Shiksha Mitras had already received their training. The Government Order further referred to the existence of an additional 46,000 Shiksha Mitras who had passed the intermediate stage. The Government Order provided for the absorption of 1,70,000 Shiksha Mitras (comprised of 1,24,000 who had completed their graduate degrees and 46,000 who were expected to complete their graduation by September 2015).
A20 Amendment to State RTE Rules
On 30 May 2014, the State Government amended the UP RTE Rules of 2011 by the First Amendment Rules, 2014. By the amendment, the State Government introduced a definition of the expression 'Shiksha Mitra' to cover those Shiksha Mitras who had been selected and were working in accordance with the Government Orders in junior basic schools conducted by the Basic Education Board. Rule 16-A as introduced into the UP RTE Rules of 2011 by way of amendment, is in the following terms:
"16-A. Notwithstanding anything contained in rules 15 and 16, the State Government may, in order to implement the provisions of the Act, by order make provisions for relaxation of minimum educational qualification for appointment of such Shiksha Mitras as Assistant Teachers in Junior Basic Schools as are considered otherwise eligible."
Rules 16-A contains a non obstante provision. Under it, the State Government assumed the power to relax the minimum educational qualifications prescribed in the case of those Shiksha Mitras who were considered to be otherwise eligible so as to facilitate their appointment as Assistant Teachers in junior basic schools.
A21 Amendment to State Service Rules
On 30 May 2014, the State Government notified the amended Service Rules of 1981. The amended Rules retain the definition of the expression "teacher" in Rule 2(o) of the original Rules. The expression 'teacher' is defined to mean 'a person employed for imparting instructions in nursery schools, basic schools, junior basic schools or senior basic schools'. The expression 'Shiksha Mitra' is defined in Rule 2(v) as follows:
"(v) "Shiksha Mitra" means a person working as such in junior basic schools run by Basic Shiksha Parishad under the Government Orders prior to the commencement of Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011."
In the sources of recruitment in Rule 5, a provision is now made in the Rules, as amended, for the appointment of Shiksha Mitras. Rule 5, as amended, reads as follows:
"5. Sources of recruitment- The mode of recruitment to the various categories of posts mentioned below shall be as follows:
(a) (i) Mistresses of Nursery School
(ii)Assistant Masters and Assistant Mistresses of Junior Basic Schools
By direct recruitment as provided in rules 14 and 15;
By direct recruitment as provided in rules 14 and 15;
or
By appointment of such Shiksha Mitras as are engaged as Shiksha Mitra and working as such on the date of commencement of the Uttar Pradesh Basic Education (Teachers) (Nineteenth Amendment) Rules, 2014."
In Rule 6, the upper age limit in the case of a Shiksha Mitra is provided as sixty years. Rule 8, which defines the qualifications for eligibility for appointment of an Assistant Teacher in a junior basic school, has been amended so as to provide as follows:
"(ii)Assistant Master and Assistant Mistresses of Junior Basic Schools
(ii) (a) Bachelors degree from a University established by law in India or a degree recognized by the Government equivalent thereto together with any other training course recognised by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate (BTC), two years BTC (Urdu), Vishisht BTC and teacher eligibility test passed, conducted by the Government or by the Government of India;
(b) a Trainee Teacher who has completed successfully six months special training programme in elementary education recognized by NCTE;
(c) A Shiksha Mitra who possessed Bachelors degree from a University established by law in India or a degree recognized by the Government equivalent thereto and has completed successfully two years distant learning BTC course or Basic Teacher's Certificate (BTC), Basic Teacher's Certificate (BTC) (Urdu) or Vishist BTC conducted by the State Council of Educational Research and Training (SCERT)." (emphasis supplied)
The striking aspect is the absence of a requirement for a Shiksha Mitra to hold a TET certificate. This requirement is made mandatory by NCTE. In fact in the State Service Rules of 1981, it has been applied in clause (a) to other teachers holding a bachelor's degree and a basic teacher's certificate but has been consciously omitted in the case of Shiksha Mitras.
Rule 14(6)(a) envisages the appointment of Shiksha Mitras against substantive posts of Assistant Teachers. Rule 14(6)(a) contemplates that all Shiksha Mitras shall be appointed against substantive posts of Assistant Teachers in junior basic schools after obtaining a certificate of the successful completion of the two years' distance education BTC course, or other equivalent courses stipulated therein. Rule 14(6)(a) provides as follows:
"14(6)(a)-The Shiksha Mitra after obtaining the certificate of successful completion of two years distant BTC course or Basic Teacher's Certificate (BTC), Basic Teacher's Certificate (BTC) (Urdu) or Vishisht BTC conducted by State Council of Educational Research and Training (SCERT) shall be appointed as assistant teachers in junior basic schools against substantive post. To appoint the Shiksha Mitras as assistant teachers in junior basic schools, the appointing authority shall determine the number of vacancies including the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes and other categories under rule 9."
Rule 14(6)(b) provides that the appointing authority shall draw a list of Shiksha Mitras possessing the prescribed qualification in Rule 8. Under Rule 14(6)(c), the names of Shiksha Mitras are to be drawn up in an ascending order according to their dates of birth. The system of providing for quality point marks, which is mandatory for other categories, has not been prescribed for Shiksha Mitras.
A22 NCTE Regulations, 2014
On 12 November 2014, NCTE issued the National Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools and Colleges) Regulations, 2014. The Regulations of 2014 provide that for primary classes (classes I to VIII), the minimum qualifications shall be those as have been laid down by NCTE by its notification dated 23 August 2010, as amended from time to time. Regulation 5 empowers NCTE, on receipt of a reference from the State Government, to relax the provisions of the Regulations subject to satisfaction of the existence of special circumstances. However, the proviso to Regulation 5 stipulates that no relaxation shall be granted with regard to the minimum qualifications for appointment of teachers for classes I to VIII as specified in the Schedule.
Now, it is in this background that we would have to consider the nature of the challenge in these proceedings.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / 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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