UPTET SARKARI NAUKRI News - Mandatory TET created problem to BTC teacher -
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Court No. - 4
Case :- WRIT - A No. - 12284 of 2015
Petitioner :- Rajesh Kumar
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- D.K. Srivastava
Counsel for Respondent :- C.S.C.,V.K. Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
At the time of hearing in the writ petition on 27.2.2015, learned counsel for the petitioner made a request that certain inadvertent error had occurred in enclosing the relevant documents with the writ petition. He may be granted liberty to bring the correct documents on records by filing a supplementary affidavit.
Pursuant thereof, a supplementary affidavit on 9.3.2015 filed by learned counsel for the petitioner has been taken on record.
The order dated 3.11.2014 passed by respondent no. 4 i.e. District Basic Education Officer, Rampur cancelling the appointment of petitioner as Assistant Teacher in a primary school under Dying-in-Harness Rules, is under challenge.
Shorn of unnecessary details, the relevant facts are that the petitioner was appointed as an Assistant Teacher in the Primary School, Ramnagar, Block-Pilak, District Rampur under Dying-in-Harness Rules in place of his father. He has joined on 2.9.2011 and was relieved on 20.4.2012 to undergo two years BTC Training Course from DIET, Rampur.
A show cause notice was issued on 26.6.2012. The petitioner gave a reply on 25.7.2012. The training of the petitioner was stopped from 13.9.2012. The appointment of the petitioner was cancelled on the ground that the petitioner has not passed the Teacher Eligibility Test (TET) which is the requisite qualification for appointment in Schools run by Basic Shiksha Parishad.
Challenging the order impugned, the learned counsel for the petitioner has placed reliance upon Section 12-A of NCTE (Amendment Act 2011) which provides that the teachers recruited immediately before the commencement of the Amendment Act 2011 would not be adversely affected solely on the ground of non-fulfilment of a qualification for recruitment as provided by the NCTE regulations. The amendment Act 2011 came into force on 1.6.2012, when it was notified in the Official Gazette by the Central Government. Petitioner's appointment is prior to the commencement of NCTE Amendment Act 2011 and hence it could not be cancelled.
Submission is that a person is required to possess the eligibility criteria as they existed at the point of time when the selection process had been under taken.
In the order impugned, reliance has been placed upon the directions of the Secretary, Basic Shiksha Parishad on 12.6.2012 that the regulations framed under the Right to Children to Free and Compulsory Education Act, 2009 were promulgated on 27.7.2011 in the State of U.P. which provides for passing of TET Examination as the compulsory qualification for appointment to the post of Assistant Teacher. As the petitioner's appointment was made on 29.8.2011 i.e. after the promulgation of Regulations on 20.7.2011, the appointment was bad.
The contention of the petitioner is that in view of the saving clauses as contained in Section 12-A of NCTE Amendment Act 2011, the qualification prescribed under the NCTE Act will not adversely effect the continuance of the petitioner recruited immediately before the commencement of NCTE (Amendment Act 2011), solely on the ground of non-fulfilment of such qualification.
The matter requires consideration.
Sri V.K. Srivastava, learned counsel has put in appearance on behalf of respondent nos. 3 & 4 and learned Standing Counsel for respondent no. 1 and 2.
All the respondents may file counter affidavit within six weeks'.
Two weeks, thereafter for filing rejoinder affidavit to the petitioner.
List after eight weeks' along with Writ Petition No. 48952 of 2014 (Ravikant Versus State of U.P. and 3 others) on the date fixed in the said writ petition.
Considering the fact of the present case, it is provided that the petitioner's BTC Training shall not be interfered with and he shall be allowed to complete his training at his own risk.
Order Date :- 18.3.2015
B.K.
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
http://joinuptet.blogspot.com
UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / 4th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Court No. - 4
Case :- WRIT - A No. - 12284 of 2015
Petitioner :- Rajesh Kumar
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- D.K. Srivastava
Counsel for Respondent :- C.S.C.,V.K. Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
At the time of hearing in the writ petition on 27.2.2015, learned counsel for the petitioner made a request that certain inadvertent error had occurred in enclosing the relevant documents with the writ petition. He may be granted liberty to bring the correct documents on records by filing a supplementary affidavit.
Pursuant thereof, a supplementary affidavit on 9.3.2015 filed by learned counsel for the petitioner has been taken on record.
The order dated 3.11.2014 passed by respondent no. 4 i.e. District Basic Education Officer, Rampur cancelling the appointment of petitioner as Assistant Teacher in a primary school under Dying-in-Harness Rules, is under challenge.
Shorn of unnecessary details, the relevant facts are that the petitioner was appointed as an Assistant Teacher in the Primary School, Ramnagar, Block-Pilak, District Rampur under Dying-in-Harness Rules in place of his father. He has joined on 2.9.2011 and was relieved on 20.4.2012 to undergo two years BTC Training Course from DIET, Rampur.
A show cause notice was issued on 26.6.2012. The petitioner gave a reply on 25.7.2012. The training of the petitioner was stopped from 13.9.2012. The appointment of the petitioner was cancelled on the ground that the petitioner has not passed the Teacher Eligibility Test (TET) which is the requisite qualification for appointment in Schools run by Basic Shiksha Parishad.
Challenging the order impugned, the learned counsel for the petitioner has placed reliance upon Section 12-A of NCTE (Amendment Act 2011) which provides that the teachers recruited immediately before the commencement of the Amendment Act 2011 would not be adversely affected solely on the ground of non-fulfilment of a qualification for recruitment as provided by the NCTE regulations. The amendment Act 2011 came into force on 1.6.2012, when it was notified in the Official Gazette by the Central Government. Petitioner's appointment is prior to the commencement of NCTE Amendment Act 2011 and hence it could not be cancelled.
Submission is that a person is required to possess the eligibility criteria as they existed at the point of time when the selection process had been under taken.
In the order impugned, reliance has been placed upon the directions of the Secretary, Basic Shiksha Parishad on 12.6.2012 that the regulations framed under the Right to Children to Free and Compulsory Education Act, 2009 were promulgated on 27.7.2011 in the State of U.P. which provides for passing of TET Examination as the compulsory qualification for appointment to the post of Assistant Teacher. As the petitioner's appointment was made on 29.8.2011 i.e. after the promulgation of Regulations on 20.7.2011, the appointment was bad.
The contention of the petitioner is that in view of the saving clauses as contained in Section 12-A of NCTE Amendment Act 2011, the qualification prescribed under the NCTE Act will not adversely effect the continuance of the petitioner recruited immediately before the commencement of NCTE (Amendment Act 2011), solely on the ground of non-fulfilment of such qualification.
The matter requires consideration.
Sri V.K. Srivastava, learned counsel has put in appearance on behalf of respondent nos. 3 & 4 and learned Standing Counsel for respondent no. 1 and 2.
All the respondents may file counter affidavit within six weeks'.
Two weeks, thereafter for filing rejoinder affidavit to the petitioner.
List after eight weeks' along with Writ Petition No. 48952 of 2014 (Ravikant Versus State of U.P. and 3 others) on the date fixed in the said writ petition.
Considering the fact of the present case, it is provided that the petitioner's BTC Training shall not be interfered with and he shall be allowed to complete his training at his own risk.
Order Date :- 18.3.2015
B.K.
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
http://joinuptet.blogspot.com
UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / 4th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
