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29334 Junior High School Science Math Teacher Recruitment - PROF. IN OR OUT
ABHEE COURT EK RECENT ORDER MEIN BBA VAALE OUT HO GAYE HAIN,
ABHEE PROF VS NON PROF MEIN DEBATE CHALU HO GAYEE HAI.
AUR PROF. VAALON NE APNE PAKSH KE TARK MEIN NIMN ORDER PRASTUT KIYA HAI, JO KI HAMNE HEE BAHUT PEHLE BLOG PAR SHARE KIYAA THAA.
DEKHTE HAIN KYA HAI -
IS
ORDER MEIN COURT NE SAAF KAHA HAI KI - NCTE NE SIRF MINIMUM
QUALIFICATION KA JIKRA KIYA HAI, AUR SCIENCE / MATH TEACHER KE LIYE
KISEE QUALIFICATION KA JIKRA NAHIN KIYA HAI.
AUR YE NCTE NE ISKE BAAD GOVT PAR CHODA HAI KI SCIENCE/MATH TEACHER KE LIYE KYA QUALIFICATION RAKHEE JAAYE.
AUR GOVT NE JO QUALIFICATION TAY KEE HAIN, VHE KAARAN DETE HUE SAHEE BATAYA HAI.
ANT MEIN PETITIONER KI YACHIKA KO IN KARANO SE FAIL KARAR DETE HUE YACHIKA KHARIJ KAR DEE.
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
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