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Shiksha Mitra | Shiksha Mitra Latest News | 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 / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
सुप्रीम कोर्ट का 02 नवम्वर का आदेश ।और आर्डर
शीट में मीनाक्षी
लेखी का नाम।
UPON hearing the counsel the Court made the
following O R D E R Heard Mr. Gaurav Bhatia,
learned Additional Advocate General for the State of
Uttar Pradesh and Mr. R. Venkataramani, learned
senior counsel (Amicus Curiae). It is submitted by
Mr. Bhatia that keeping in view the order dated
27.07.2015, as against 72825 posts advertised,
43,077 candidates have been appointed, who, after
completion of the training till September 2015, are
working in praesenti. It is also submitted that
15,058 candidates are undergoing training out of
which 8,500 shall be appearing in the examination
on 16th and 17th November, 2015 and the rest will
be appearing in the examination after completion of
their training. In the result around 14,640 posts
still remain vacant. At this juncture, number of
counsel have raised a grievance that there are
number of candidates who have secured more than
70% marks in TET examination in the general
category and the lower percentage for other
categories as per our earlier order and yet they are
not appointed. At this juncture, learned Additional
Advocate General submitted that some of the
candidates might not have been appointed as they
may not have been qualified otherwiseunder the
NCTE Rules. We do not intend to interpret on the
said point, as advised today. However, the persons
who are claiming that they are entitled to the
benefit on the basis of the percentage fixed by the
earlier order dated 27.07.2015 shall submit their
applications/ representations before the Secretary,
U.P. Basic Education Board (Board), Allahabad
within one week hence and the said authority shall
constitute a Committee to verify their percentage of
marks as well as criteria by which the persons
who have already been selected and put the same
on the website as well as due intimation be given
to the applicants. If there is parity they shall be
extended the benefit of our order forthwith. The
said exercise shall be completed within three
weeks. Be it stated, in our earlier order, we had
requested the learned Chief Justice of the High
Court of Allahabad to constitute a Full Bench and
dispose of the writ petitions after transferring them
to himself. The Full Bench had delivered the
judgment on 12.09.2015 which has been placed
before us. The Full Bench has opined that Shiksha
Mitras cannot take the benefit as per the law in the
field. We do not intend to comment on that as we
have been apprised at the Bar that certain special
leave petitions are being filed challenging the said
order. Needless to say, the legal propriety of the
said order of the Full Bench shall be dealt with in
the special leave petitions. Mr. Rakesh Dwivedi,
the learned senior counsel, would submitthat he
represents the set of the people who are qualified
as per the prevalent rules and they should have
been appointed had the High Court not struck
down the Rules as ultra vires. Ordinarily, we would
have dealt with this order making some kind of
interim arrangement but we do not intend to get
into the same now as we have been apprised that
there are huge number of candidates and there will
be a confusion. Be that as it may, the main thrust
of the matter will be gone into on the next date of
hearing. A submission has been raised by learned
counsel for the petitioner in Writ Petition No.167 of
2015 that because of the vacancies that are in
vogue in State of U.P., education is impaired
despite the command under Article 21A of the
Constitution. We have been told that there are
more than 4,00,000 vacancies. Mr. Anand Nandan,
learned counsel appearing for the writ petitioners
has pointed to para 2 of the counter affidavit to his
writ petition filed by the Secretary, Basic Education,
Govt. of U.P., Lucknow. The said paragraph reads
as follows : “2. That in reply to the contents of
paragraph nos.2 and 3 of the Application it is
stated that, TET Examination has been introduced
to maintain a uniform standard of education
throughout the Country by introducing it as the
essential eligibility for appointment of Assistant
Teacher in Basic Schools. At present 1,10,376
Primary Schools are being run by the Parishad, in
the State of Uttar Pradesh. Under the Right to
Education Act 2009, the number of teachers
required to maintain the student teachers ratio is
4,86,182. At present 1,77,866 Assistant Teachers
are working in the aforesaid circumstances, there
is an immediate need of 3,08,316 Assistant
Teachers in the various Primary Schools in the
State to fulfill the aforesaid conditions contained in
the Right toEducation Act 2009 the Government of
Uttar Pradesh submitted a proposal through their
letter dated 03.01.2011 before the National Council
for Teachers Education requesting them to conduct
a full fledged training programme for graduate
Shiksha Mitra. The aforesaid proposal of the State
Government was approved by the National Council
for Teachers Education through their letter dated
14.01.2011.” As against the said assertion, there
has been some cavil raised by Mr. Abhishek
Shrivastava, learned counsel appearing for the
Board. In this regard, we require Mr. Bhatia to
explain to us about the number of vacancies. At
this juncture, we must formulate the issues that the
learned counsel should address while arguing the
matter on the next date, for we are not inclined any
more to deal with the matter as interim measures.
The issues are as under : a) Whether the NCTE
Guidelines fixing qualification are arbitrary and
unreasonable? b) the minimum Whether the marks
obtained in the TET Examination is the sole
criterion for filling up the vacancies? c) d) Whether
the High Court is justified in declaring the 15th
Amendment brought in on 31.08.2012 to the U.P.
Basic Education (Teachers) Service Rules, 1981?
Assuming, the guidelines framed by the NCTE are
treated as intra vires, the question will be what
interpretation wouldbe placed by the Court on the
concept of weightage as mentioned in the
guidelines of the NCTE? Needless to say, if any
ancillary issue arises, the same shall also be
addressed to. It is hereby made clear that except
these issues, no other submissions as regards the
interim arrangement shall be entertained. The
personal presence of the authorities stand
dispensed with for the present. Let the matters be
listed on 07.12.2015 at 2.00 p.m. Needless to say,
if the matter is not completed on that day, it will
continue at 2.00 p.m. on 08.12.2015. (Gulshan
Kumar Arora) Court Master (H.S. Parasher) Court
Master
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS शीट में मीनाक्षी
लेखी का नाम।
UPON hearing the counsel the Court made the
following O R D E R Heard Mr. Gaurav Bhatia,
learned Additional Advocate General for the State of
Uttar Pradesh and Mr. R. Venkataramani, learned
senior counsel (Amicus Curiae). It is submitted by
Mr. Bhatia that keeping in view the order dated
27.07.2015, as against 72825 posts advertised,
43,077 candidates have been appointed, who, after
completion of the training till September 2015, are
working in praesenti. It is also submitted that
15,058 candidates are undergoing training out of
which 8,500 shall be appearing in the examination
on 16th and 17th November, 2015 and the rest will
be appearing in the examination after completion of
their training. In the result around 14,640 posts
still remain vacant. At this juncture, number of
counsel have raised a grievance that there are
number of candidates who have secured more than
70% marks in TET examination in the general
category and the lower percentage for other
categories as per our earlier order and yet they are
not appointed. At this juncture, learned Additional
Advocate General submitted that some of the
candidates might not have been appointed as they
may not have been qualified otherwiseunder the
NCTE Rules. We do not intend to interpret on the
said point, as advised today. However, the persons
who are claiming that they are entitled to the
benefit on the basis of the percentage fixed by the
earlier order dated 27.07.2015 shall submit their
applications/ representations before the Secretary,
U.P. Basic Education Board (Board), Allahabad
within one week hence and the said authority shall
constitute a Committee to verify their percentage of
marks as well as criteria by which the persons
who have already been selected and put the same
on the website as well as due intimation be given
to the applicants. If there is parity they shall be
extended the benefit of our order forthwith. The
said exercise shall be completed within three
weeks. Be it stated, in our earlier order, we had
requested the learned Chief Justice of the High
Court of Allahabad to constitute a Full Bench and
dispose of the writ petitions after transferring them
to himself. The Full Bench had delivered the
judgment on 12.09.2015 which has been placed
before us. The Full Bench has opined that Shiksha
Mitras cannot take the benefit as per the law in the
field. We do not intend to comment on that as we
have been apprised at the Bar that certain special
leave petitions are being filed challenging the said
order. Needless to say, the legal propriety of the
said order of the Full Bench shall be dealt with in
the special leave petitions. Mr. Rakesh Dwivedi,
the learned senior counsel, would submitthat he
represents the set of the people who are qualified
as per the prevalent rules and they should have
been appointed had the High Court not struck
down the Rules as ultra vires. Ordinarily, we would
have dealt with this order making some kind of
interim arrangement but we do not intend to get
into the same now as we have been apprised that
there are huge number of candidates and there will
be a confusion. Be that as it may, the main thrust
of the matter will be gone into on the next date of
hearing. A submission has been raised by learned
counsel for the petitioner in Writ Petition No.167 of
2015 that because of the vacancies that are in
vogue in State of U.P., education is impaired
despite the command under Article 21A of the
Constitution. We have been told that there are
more than 4,00,000 vacancies. Mr. Anand Nandan,
learned counsel appearing for the writ petitioners
has pointed to para 2 of the counter affidavit to his
writ petition filed by the Secretary, Basic Education,
Govt. of U.P., Lucknow. The said paragraph reads
as follows : “2. That in reply to the contents of
paragraph nos.2 and 3 of the Application it is
stated that, TET Examination has been introduced
to maintain a uniform standard of education
throughout the Country by introducing it as the
essential eligibility for appointment of Assistant
Teacher in Basic Schools. At present 1,10,376
Primary Schools are being run by the Parishad, in
the State of Uttar Pradesh. Under the Right to
Education Act 2009, the number of teachers
required to maintain the student teachers ratio is
4,86,182. At present 1,77,866 Assistant Teachers
are working in the aforesaid circumstances, there
is an immediate need of 3,08,316 Assistant
Teachers in the various Primary Schools in the
State to fulfill the aforesaid conditions contained in
the Right toEducation Act 2009 the Government of
Uttar Pradesh submitted a proposal through their
letter dated 03.01.2011 before the National Council
for Teachers Education requesting them to conduct
a full fledged training programme for graduate
Shiksha Mitra. The aforesaid proposal of the State
Government was approved by the National Council
for Teachers Education through their letter dated
14.01.2011.” As against the said assertion, there
has been some cavil raised by Mr. Abhishek
Shrivastava, learned counsel appearing for the
Board. In this regard, we require Mr. Bhatia to
explain to us about the number of vacancies. At
this juncture, we must formulate the issues that the
learned counsel should address while arguing the
matter on the next date, for we are not inclined any
more to deal with the matter as interim measures.
The issues are as under : a) Whether the NCTE
Guidelines fixing qualification are arbitrary and
unreasonable? b) the minimum Whether the marks
obtained in the TET Examination is the sole
criterion for filling up the vacancies? c) d) Whether
the High Court is justified in declaring the 15th
Amendment brought in on 31.08.2012 to the U.P.
Basic Education (Teachers) Service Rules, 1981?
Assuming, the guidelines framed by the NCTE are
treated as intra vires, the question will be what
interpretation wouldbe placed by the Court on the
concept of weightage as mentioned in the
guidelines of the NCTE? Needless to say, if any
ancillary issue arises, the same shall also be
addressed to. It is hereby made clear that except
these issues, no other submissions as regards the
interim arrangement shall be entertained. The
personal presence of the authorities stand
dispensed with for the present. Let the matters be
listed on 07.12.2015 at 2.00 p.m. Needless to say,
if the matter is not completed on that day, it will
continue at 2.00 p.m. on 08.12.2015. (Gulshan
Kumar Arora) Court Master (H.S. Parasher) Court
Master
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
Shiksha Mitra | Shiksha Mitra Latest News | 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 / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
