इलाहबाद हाई कोर्ट : मैथ + साइंस स्नातक को साइंस और मैथ दोनों में भर्ती का विकल्प क्यों
29334 Junior
High School Science Math Teacher Recruitment, 29334
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Primary Teacher Recruitment UP, UPTET
इलाहबाद हाई कोर्ट ने इस मामले में रिट ख़ारिज करते हुए कहा कि ये शासन का पॉलिसी डिसिशन है और गणित व विज्ञानं दोनों में स्नातक को
दोनों विषय की भर्ती में भाग लेने में कुछ गलत नहीं है , और इस प्रकार याची की रिट ख़ारिज की
याची ने अपनी तरफ से यह भी बताया की शासन ने बी एस सी होम साइंस कृषि , बी एच एम एस को एक वर्ग साइंस में और
बी सी ए , बी टेक आदि को गणित साइंस दोनों में रखा है , जिसमें बी सी ए को इंटर के विषय के हिसाब से वर्गीकृत किया है ,
यह तथ्य याची ने अपनी तरफ से रखे थे , और केस प्रोफेशनल वर्सस नॉन प्रोफेशनल नहीं था ।
जजमेंट में सब्जेक्ट टीचर का जिक्र करते हुए साइंस / मैथ पड़ने वालों को दोनों में शामिल होने पर कोर्ट ने कोई एतराज नहीं किया
Science Math Teacher
HIGH COURT OF JUDICATURE
AT ALLAHABAD
Court No. - 1
Case :- WRIT - A No. - 53620 of 2013
Petitioner :- Jitendra Singh And 4 Ors.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Sadanand Mishra, Seemant Singh
Counsel for Respondent :- C.S.C., Santosh Kumar
Hon'ble Vikram Nath, J
Heard learned counsel for the petitioners, learned standing counsel for the
State-respondents, S/Sri Santosh Kumar, learned counsel for the respondent
nos.2 & 3 and Rizwan Akhtar, learned counsel for the respondent nos.4 &
5.
By means of this petition under Article 226 of the Constitution of India, the
petitioners have prayed for quashing of the Government Orders dated 11.7.2013
and 23.8.2013 as being contrary to law and being in contravention to the
notifications issued by the National Council for Teacher Education relating to
the qualifications and selection of the Assistant Teachers for Junior High
Schools (Classes VI to VIII). Further prayer made is to the effect that
necessary directions may be issued to the respondents to treat the posts of the
Assistant Teachers (Science) and Assistant Teachers (Mathematics) as one cadre
and not separate cadre and only one selection process be adopted.
Annexure-1 is an advertisement issued by the District Basic Education Officer,
Shahjahanpur dated 29.8.2013 inviting online applications for 288 posts of
Assistant Teachers (Science) and 288 posts of Assistant Teachers (Mathematics)
for the Junior High Schools in the district run by the Basic Education
Board.
Annexure-2 is the bank challan of depositing the application fee for the post
of the Assistant Teachers.
Annexure-3 to the petition is the certificate of the petitioner no.1 for having
successfully pass the Teacher Eligibility Test (TET) - 2011 conducted by the
High School and Intermediate Education Board, U.P., Allahabad.
Annexure-4 is the circular issued by the Member Secretary, National Council for
Teacher Education (NCTE) dated 11.2.2011, laying down the guidelines for
conducting the TET. Referring to the said annexure the learned counsel for the
petitioners has referred to the details given with regard to Paper II for
Classes VI to VIII Teachers, which is part of paragraph no.7 of the guidelines.
The relevant extract of paragraph 7 of the guidelines relating to Paper II is
reproduced below :
Paper II (for classes VI to VIII); No. of MCQs - 150;
Duration of examination : one-and-a-half hours
Structure and Content
(i)
Child Development & Pedagogy (compulsory)
30 MCQs
30 MCQs
(ii)
Language I (compulsory)
30 "
30 "
(iii)
Language II (compulsory)
30 "
30 "
(iv)
(a) For Mathematics and Science teachers : Mathematics and Science
(b) For Social studies teachers : Social Studies
(c) for any other teacher - either 4(a) or 4(b)
60 MCQs of 1 mark each
60 MCQs of 1 mark each
While designing and preparing the questions for Paper II, the examination body
shall take the following factors into consideration :
The test items of Child Development and Pedagogy will focus on educational
psychology of teaching and learning, relevant to the age group 11-14 years. They
will focus on understanding the characteristics, needs and psychology of
diverse learners, interaction with learners and the attributes and qualities of
a good facilitator of learning.
The test items for Language I will focus on the proficiency related to the
medium of instruction, as chosen from list of prescribed options in the
application form.
The Language II will be a language other than Language I. The person may choose
any one language from among the available options and as in the specified list
in the application form and attempt questions in the one indicated by the
candidate in the application form by him. The Test items in Language II will
also focus on the elements of language, communication and comprehension
abilities.
The test items in Mathematics and Science, and Social Studies will focus on the
concepts, problem solving abilities and pedagogical understanding of these
subjects. The test items of Mathematics and Science will be of 30 marks each.
The test items shall be evenly distributed over different divisions of the
syllabus of that subject as prescribed for classes VI-VIII by the appropriate
government.
The questions in the tests for Paper II will be based on the topics of the
prescribed syllabus of the State for classes VI-VIII but their difficulty
standard as well as linkages could be upto the senior secondary stage.
Annexure-5 is the circular issued by the Department of Education, addressed to
the Director of Education (Secondary) as also to the Secretary, Intermediate
Education Board dated 7.9.2011, laying down the guidelines for conducting the
TET Examination. The said guidelines are in conformity to the guidelines issued
by the NCTE, referred to above.
Annexure-6 is the notification issued by the NCTE dated 23.8.2010 laying down
the minimum qualifications for a person to be eligible for appointment as a
Teacher of Classes I to VIII. The notification contains minimum qualifications
for Teachers from Classes I to V and from Classes VI to VIII separately. The
relevant extract of the minimum qualifications with regard to Teachers of
Classes VI to VIII is reproduced below:
Class VI - VIII
(a) B.A./B.Sc. and 2 - year Diploma in Elementary Education (by whatever name
known)
OR
B.A./B.Sc. with at least 50% marks and 1 - year Bachelor in Education (B
.Ed.)
OR
B.A./B.Sc. with at least 45% marks and 1 - year Bachelor in Education (B.Ed.),
in accordance with the NCTE (Recognition Norms and Procedure) Regulations
issued from time to time in this regard
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
B.A./B.Sc.Ed. or B.A. Ed//B.Sc.Ed.
OR
B.A./B.Sc. with at least 50% marks and 1-year B.Ed. (Special Education)
AND
(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE for
the purpose.
Annexure-7 is a notification issued by the NCTE on 29.7.2011 whereby certain
amendments were made in the notification dated 23.8.2010 laying down the
minimum qualifications for the Teachers for Classes I to V and VI to VIII. The
amendment made with regard to Classes VI to VIII is reproduced below :
1 (ii) Class VI - VIII
(a) Graduation and 2-year Diploma in Elementary Education (by whatever name
known)
OR
Graduation with at least 50% marks and 1-year Bachelor in Education
(B.Ed.)
OR
Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in
accordance with the NCTE (Recognition Norms and Procedure) Regulations issued
from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed.
OR
Graduation with at least 50% marks and 1-year B.Ed. (Special Education)
AND
(b) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate
Government in accordance with the Guidelines framed by the NCTE for the
purpose.
From a perusal of the notification dated 23.8.2010 and the notification dated
29.7.2011 what is to be noticed is that the word B.A./B.Sc. has been
substituted by word Graduation.
Annexure-8 is the Government Order dated 11.7.2013 whereby the Government has
laid down the procedure to be followed for filling up 50% posts of the
Assistant Teachers in Mathematics and Science for the Junior High Schools being
run by the Basic Education Board. The said Government Order provides that Basic
Education Board on its request had sought permission to fill up 14667 Assistant
Teachers in Science and 14667 Assistant Teachers in Mathematics, that is a
total number of 29334 vacant posts. The said Government Order also laid down
that the qualifications required would be B.Sc. by a University established by
law in India and two years B.T.C., Special B.T.C. or a B.Ed. Course from an
Institution recognised by the NCTE or B.Ed. (Special Education) recognized by
the Indian Rehabilitation Council (IRC) and further a TET meant for Classes VI
to VIII conducted by the Government of Uttar Pradesh or Central
Government.
Annexure-9 is the Government Order dated 23.8.2013 which is in continuation to
the Government Order dated 11.7.2013, referred to above, which clarifies that
the applicants for the post of Assistant Teachers (Science/Mathematics) for
Junior High Schools would be eligible only if they have obtained a Degree of
Graduation from any University established by law or any other degree declared
to be equivalent by the Government in which, as the case may be,
Science/Mathematics is one of the subjects along with other training course and
a certificate qualifying the TET.
Annexure-10 is again a direction issued by the Secretary, U.P. Basic Education
Board dated 27.8.2013 whereby it has been provided that for applying to the
post of Assistant Teacher in Science/Mathematics for the Junior High Schools,
candidates who have obtained Degree in B.Sc. (Agriculture), B.Sc. (Home
Science), B.A.M.S., B.H.M.S. and B.U.M.S. would be eligible to apply in the
Science Stream only. It further provides that the candidates having B.Tech.
Degree can apply for both streams i.e. Science and Mathematics. Further it
mentions that the candidates having B.C.A. Degree, who had Science subjects in
the Intermediate Course, can apply both for Science and Mathematics.
Annexure-11 is a judgment of the Full Bench of this Court dated 31.5.2013 given
in a bunch of writ petitions led by Civil Misc. Writ Petition No.12908 of 2013,
Shiv Kumar Sharma vs. State of U.P. and others, which was dealing with the
question as to whether TET was an essential qualification for all appointments
to be made after the notification issued by the NCTE on 23.8.2010 and other
related questions. The said judgment at present is not of much relevance for
deciding the controversy raised in the instant writ petition.
Learned counsel for the petitioners has made the following submissions :
The State Government while issuing the Government Orders dated 11.7.2013 and
23.8.2013 has not strictly followed the minimum qualifications laid down by the
NCTE.
As the NCTE Guidelines/Notifications did not provide for selection of the
Assistant Teachers (Science) and Assistant Teachers (Mathematics) separately,
the qualifications laid down by the State Government in the impugned Government
Orders were contrary to the NCTE Notifications/Guidelines for minimum
qualifications.
The NCTE Guidelines only provided that 60 MCQs for Mathematics and Science
would form part of question papers but the State Government by the impugned
orders has fixed that there would be 30 questions of Mathematics and 30
questions of Science subjects.
The earmarking of posts for Assistant Teachers (Science) and Assistant Teachers
(Mathematics) separately is also not contemplated in the notifications issued
by the NCTE.
The candidates, who had Science and Mathematics subjects in their Graduation
Course, are at an advantage as they can apply for the posts of the Assistant
Teachers (Science) and Assistant Teachers (Mathematics) but so far as the
candidates, who are graduate in Science but without Mathematics, they can apply
only for the post of Assistant Teachers (Science) only. This argument is
apparently based on the notification issued by the NCTE where Science and
Mathematics subjects have not been specifically separated.
The first argument advanced on behalf of the petitioner is to the effect that
the minimum qualifications laid down by the NCTE for selection / appointment of
Assistant Teachers in Science / Mathematics stream for the Junior High Schools
have not been strictly followed by the State Government while issuing the
Government Orders dated 11.7.2013 and 23.8.2013.
From a perusal of the two notifications issued by the NCTE on 23.8.2010 and
29.7.2011, the minimum qualifications which emerge are a Graduation Course, a
Degree / Diploma in Education whether one year or two years, as the case may be
and a pass in the TET. In the Government Orders dated 11.7.2013 and 23.8.2013
we find that the minimum qualifications are similar to the qualifications
prescribed by the NCTE. Since the posts advertised are for Science and
Mathematics Subjects, as such it has been specifically stated that the
Graduation should be in the Science stream i.e. B.Sc. Degree. Further in the
Notification dated 23.8.2013 it has only been clarified that it should be a
Graduation Degree in which Science / Mathematics was one of the subjects.
Further by the said notification it has also been clarified that Graduates in
B.Sc. (Agriculture), B.Sc. (Home Science), B.A.M.S., B.H.M.S. and B.U.M.S. have
also been made eligible to apply only for Science stream whereas students who
have Graduated with the B.Tech. Degree have been made eligible to apply both
for Science & Mathematics stream. It further clarifies that the candidates
with B.C.A. Degree who have studied Science at Intermediate level are eligible
to apply for Science and Mathematics both. There does not appear to be any
difference or discrimination or in any manner reducing the minimum
qualifications prescribed by the NCTE. The NCTE notifications only provide the
minimum qualifications to be possessed by the candidate for being eligible to
apply for the post of Assistant Teacher. The State Government in its
notification / advertisement has nowhere relaxed the minimum qualifications
laid down by the NCTE and as such it cannot be said that the Government Orders
are not strictly in accordance to the minimum qualifications laid down by the NCTE.
The next argument is to the effect that the NCTE guidelines / notifications did
not provide for selection of Assistant Teachers (Science) and Assistant
Teachers (Mathematics) separately as such the qualifications laid down by the
State Government for the post of Assistant Teachers are contrary to the
guidelines of the NCTE. This argument is also misconceived. If the State
Government has decided as a policy to make selections subject-wise, it has to
prescribe the minimum qualifications accordingly. The NCTE in its subsequent
Notification dated 29.7.2011 has already substituted the words B.A. / B.Sc. by
the word Graduation. This was done apparently not only to generalise and leave
it open for the respective Governments to provide the minimum qualifications
depending upon the subject for which selection was being made but also to cover
the other Graduation Degrees like B.Tech., B.C.A., B.Sc. (Agriculture), B.Sc.
(Home Science), B.A.M.S., B.H.M.S. and B.U.M.S. as being eligible. The NCTE
guidelines did not provide that the minimum qualifications for Science Teachers
or Mathematics Teachers would be same or that their selections were to be made
by a common examination. Apart from general aptitude test, the language test
and the knowledge of the candidate is also to be tested for the subject for
which he / she has applied and therefore no fault can be found in the
Government Orders being not in accordance to the NCTE notifications /
guidelines.
The next arguments raised is that the NCTE guidelines for holding the TET
Examination as contained in its Notification dated 11.2.2011 provided that for
the Mathematics and Science Teachers there would be 60 multiple choice
questions in Mathematics and Science but the State Government while holding the
TET Examination gave 30 questions of Mathematics and 30 questions of Science
and therefore it was contrary to the guidelines of the NCTE.
This argument is totally misconceived inasmuch as the NCTE in its notifications
has clearly stated that the test items shall be evenly distributed over
different divisions of the syllabus of that subject. This clearly means that
there should be even distribution not only of the subjects but also the entire
syllabus. The State Government did not in any manner either violate or depart
from the guidelines laid down by the NCTE.
The next argument is to the effect that the State Government could not have
earmarked the posts for Assistant Teachers (Science) and Assistant Teachers
(Mathematics) separately as there was no such contemplation in the
notifications issued by the NCTE.
The NCTE is the body which lays down the minimum qualifications and the
standard to be maintained with regard to selection and appointment of the
Assistant Teachers. The NCTE does not provide whether or not to earmark the
posts subject-wise. If the State in its wisdom has decided to make the
selections of Assistant Teachers (Science) and Assistant Teacher (Mathematics)
separately, apparently there can be no illegality or discrimination or any
violence to the guidelines laid down by the NCTE.
The last argument advanced by learned counsel for the petitioners to the effect
that candidates who have studied Science and Mathematics at Graduation level
are at advantage as they can apply both for the Science as well the Mathematics
streams cannot be said to be discriminatory in any manner. The choice of
subjects taken by a particular candidate at Graduation level can give rise to
different benefits in pursuing future courses or their career. The petitioners
cannot have a grievance if a candidate has studied both Science and Mathematics
at Graduation level. Mathematics is a subject which can be studied at
Graduation level by students pursuing Bachelor of Art Courses as also Bachelor
of Science Courses. Since the applications have been invited for selection and
appointment of the Assistant Teachers in Science stream as also in Mathematics
stream, candidates who have studied both the subjects at Graduation level have
rightly been held to be eligible to apply against both the streams. Likewise a
candidate who had studied Mathematics along with subjects of Arts steam can
only apply against the post of Assistant Teacher (Mathematics) and similarly a
candidate who had studied only Science at the Graduation level without
Mathematics as a subject, has rightly been held to be eligible only for Science
stream. The argument is thus also devoid of merits.
No other point was argued.
For all the reasons recorded above, petition fails and is dismissed.
Order Date :- 11.10.2013
pk
