उत्तराखंड : शिक्षा मित्र हाई कोर्ट डबल बेंच में जायेंगे
हाई कोर्ट की टेट अनिवार्यता को उत्तराखंड न्यायलय की डबल बेंच में चुनौती दी जाएगी
See News :
The
Uttarakhand Federation of Shiksha Mitras has decided to challenge the
decision of Uttarakhand High Court which cancelled the relaxation of
clearing the Teacher Eligibility Test (TET) given to the Shiksha Mitras
(SM) by the State Government. The HC's decision puts a question mark on
the fate of 3,652 SMs who were hoping to be adjusted in the Primary
teacher cadre of the State Government.
On Tuesday, the bench of
Justice Sudhanshu Dhulia, while hearing a petition, ordered that the
relaxation of clearing the TET given to SMs by the State Government is
unconstitutional.
The
HC said that as per the provision of Right to Education (RTE) Act
passing the TET examination is mandatory to be eligible for being
teacher. The court also asked the state government to conduct the TET
every three months.
The spokesperson
of the Federation of SMs, Dipak Joshi said that the federation would
challenge the HC order in the double bench.He said that the provision of
TET was implemented in the year 2010 but the SMs were engaged in the
primary schools of the state in the year 2001. Joshi said that the SMs
were employed in the remote and inaccessible areas of the state and they
have done a commendable job as teachers.
The HCs decision to cancel
the waiver of passing the TET has put a spanner in the education
department's process of adjusting the Shiksha Mitras in the Primary
teacher cadre. These SMs are worried as most of them have passed the age
of giving a competitive examination.
The Shiksha Mitras were appointed as ad hoc teachers in the Government primary schools on a monthly stipend of Rupees 13000.To
get their services regularized the federation undertook a long
agitation that they should be absorbed in the Primary teacher cadre
without the required qualification of TET level I.
On
the request of the State Government the National Council of Teacher
Education (NCTE) gave its approval for adjusting them as primary
teachers without TET level I in March 2014.
There
are 1278 Shiksha Mitras who are Basic Teaching Certificate (BTC)
qualified and 2374 SMs who are undergoing Diploma in Elementary
Education (D El Ed) course under the Indira Gandhi National Open
University (IGNOU).In March 2014 a cabinet sub committee headed by
Cabinet minister Indira Hridayesh recommended for amendment in the
Primary teacher's service rules to adjust these Shiksha Mitras.
The Government planed to induct 1278 BTC qualified SMs as Primary teachers in first phase.
http://www.dailypioneer.com/state-editions/dehradun/shiksha-mitras-to-challenge-hc-decision.html
Janiye Kon Sa Case Thaa : -Uttrakhand High Court Matter regarding Shiksha Mitra ( Blog Visitor TMNTBBN ne comment ke madhyam se iskee jankaree dee) :-
ये उत्तराखंड हाई कोर्ट का शिक्षा मित्र समायोजन के खिलाफ स्टे आर्डर है
Uttaranchal
High Court Praveen Kumari & Others vs State Of Uttarakhand &
Others on 14 March, 2014 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 333 (SS) of 2014 Praveen Kumari & others
.....Petitioners Versus State of Uttarakhand & others
.........Respondents Hon'ble Sudhanshu Dhulia, J. (Oral) Ms Prabha
Naithani, Advocate, present for the petitioners.
2. Mr. Vikas Pandey, learned Brief Holder, present for the State of Uttarakhand/respondents.
3.
The petitioners are the B.T.C. trained candidates and they have
challenged the order dated 4th March, 2014 passed by the Principal
Secretary, Government of Uttarakhand, whereby "Shiksha Mitras" have been
exempted from qualifying a test, which is known as "Teachers
Eligibility Test", in other words such persons can be appointed as
teachers in primary schools, even if they have not passed the Teachers
Eligibility Test. The petitioners on the other hand have to qualify such
test for being appointed as primary school teachers.
4.
After the Right to Elementary Education was included as a fundamental
right in Part III of the Constitution of India as Article 21-A, the
Parliament has enacted a legislation i.e. Right of Children to Free and
Compulsory Education Act, 2009. In pursuance of the Act, a Government of
India body i.e. National Council for Teacher Education was delegated
with the authority to frame guidelines regarding the eligibility of
teachers in the education at the elementary level. 2
5.
Consequently, the body which was chosen for such work was issued
notification dated 23rd August, 2010, wherein, inter alia, qualification
of Teachers Eligibility Test was the essential condition in order to
teach in primary schools. The only exception which has been given under
the said notification dated 23rd August, 2013 is with reference to the
appointments which have already taken place i.e. prior to notification
dated 23rd August, 2013 or where the process has already been initiated.
6.
None of this happened in the present case. What was initiated was only a
training programme which was initiated prior to 23rd August, 2010.
Merely because one is inducted in B.T.C. training would not ipso facto
mean that process for appointment on the post of primary school teacher
has also taken place.
7. In view thereof, the operation
and effect of the order dated 04.03.2014 passed by the State Government
shall remain stayed until further orders of the Court. 8. Respondents
shall file their counter affidavit within a period of three weeks. Three
weeks time thereafter is allowed to the learned counsel for the
petitioners to file rejoinder affidavit. 9. List this matter after seven
weeks in daily cause list. 10. Stay application (CLMA) No.2195 of 2014
stands disposed of. (Sudhanshu Dhulia, J.) 14.03.2014 ML
Read more:
http://naukri-recruitment-result.blogspot.com/2014/06/btc-shiksha-mitra-news-samayojan.html#ixzz37nnh4TVf
