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Sunday, September 29, 2013

News : मिस फिलीपींस चुनी गईं मिस वर्ल्ड-2013


News : मिस फिलीपींस चुनी गईं मिस वर्ल्ड-2013



General Knowledge Important Question



130 सुंदरियों को पीछे छोड़ मेगान यंग बनीं नई मिस वर्ल्‍ड-2013, अंतिम 10 में भी नहीं पहुंच पाई मिस इंडिया नवनीत




Megan Lynne Young (born 27 February 1990)

Megan Young was crowned as Miss World 2013 in Bali, Indonesia, making her the first Filipina to win the title of Miss World since its creation in 1951. She bested 126 contestants all over the world. During the preliminaries, she also won the "Top Model" competition, placed fourth in the "Multimedia Challenge" and fifth in the "Beach Beauty" contest


फिलीपींस की सुंदरी मेगन यंग को शनिवार को मिस वर्ल्ड-2013 चुन लिया गया। सौंदर्य प्रतियोगिता में फ्रांस की सुंदरी मैरीन लॉरफेलिन दूसरे स्थान पर और घाना की सुंदरी कैरांजर ना ओकेली शूटर तीसरे स्थान पर रहीं। फिलीपींस ही 23 वर्षीय यंग ने मिस इंडिया नवनीत कौर ढिल्लन सहित दुनिया की कुल 126 सुंदरियों को पछाड़ते हुए मिस वर्ल्ड का ताज हासिल किया। भारतीय सुंदरी नवनीत मिस वर्ल्ड सौंदर्य प्रतियोगिता में शीर्ष 20 तक पहुंचने में कामयाब हो सकीं।

2012 की मिस वर्ल्ड यू वेन्ज़िया ने आकर उन्हें मिस वर्ल्ड का ताज पहनाया। प्रतियोगिता की फर्स्ट रनर अप रहीं मिस फ्रांस मरीन लोर्फेलीन और सेकंड रनर अप रहीं मिस घाना कैरेनज़ार ना ओकायले शूटर


मिस वर्ल्ड प्रतियोगिता के 63वें संस्करण में विजेता का चयन करने दुनिया की कई जानी-मानी हस्तियों को निर्णायक बनाया गया था। इनमें ब्रिटिश टेलीविजन के कार्यकारी निर्माता एवं निर्देशक केन वारविक, मिस वर्ल्ड संगठन की अध्यक्ष जूलिया मोर्ले, भारतीय मीडिया समूह बेनेट कोलमैन एंड कंपनी लिमिटेड के प्रबंध निदेशक विनीत जैन आदि शामिल थे।
मिस वर्ल्ड-2013 यंग का जन्म अमेरिकी में हुआ, तथा 10 वर्ष की आयु में वह फिलीपींस चली आईं। इस समय वह डिजिटल फिल्म निर्माण का अध्ययन कर रही हैं, तथा कई फिल्मों एवं टीवी शो में काम कर चुकी हैं।



मिस वर्ल्ड-2013 मेगन यंग से सम्बंधित तथ्य
मिस वर्ल्ड-2013 मेगन यंग (Megan Young) का जन्म अमेरिकी में हुआ, तथा 10 वर्ष की आयु में वह फिलीपींस चली आईं। इस समय वह डिजिटल फिल्म निर्माण का अध्ययन कर रही हैं, तथा कई फिल्मों एवं टीवी शो में काम कर चुकी हैं. मेगन यंग ने कहा कि उनके जीवन में उनकी मां का सर्वाधिक प्रभाव है. वह दुनिया को बताना चाहती हैं कि फिलीपींस वासी मेहनती होते हैं, तथा कितनी ही विपत्ति हो, वे दूसरों की सहायता करने को तत्पर रहते हैं.

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Army Welfare Education Society Conducting Screening Exam for AWES Score for PGT /TGT /PRT Teachers

Sarkari Naukri Damad India. Latest Upadted Indian Govt Jobs - http://sarkari-damad.blogspot.com
Army Welfare Education Society Conducting Screening Exam for AWES Score for PGT /TGT /PRT Teachers

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Join Our Facebook Group to Discuss AWES VACANCIES , EXAM etc -

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AWES ADVERTISE FOLLOWING EXAM FOR ITS PRT/TGT/PGT TEACHERS : -



Telephone : 26151564,26152642   Army Welfare Education Society (AWES) 
ASCON      : 39292           FDRC Building No 202, Shankar Vihar 
E-Mail        : awes.school@gmail.com        (Near APS) Delhi Cantt - 110010 
           aweshq@gmail.com                                                                                      
B/45706/CSB-13/AWES                    15    Sep 2013 

List `A’, `B’ & `F’ 
CSB EXAMINATION : 2013 
  General 
1.      There are approximately 7000 teachers on the rolls of  the 133 Army Public Schools(APS) under AWES.  
Out of that, approximately 1000 get turned over every year.  The vacancies will be projected by the Schools 
while advertising for holding interviews for selection of teachers at the beginning of the academic year. 

2.       To qualify for interview, the candidates have to pass a Screening Examination which is held by HQ AWES 
centrally.  The next exam will be held on 08 Dec 2013.  The general guidelines for candidates are given in the 
succeeding paragraphs.  
List of Schools 
3. AWES is running 133 Army Public Schools across the country which are all affiliated to CBSE.  A List of 
these schools is placed at Appendix A. 
Selection of Teachers 

4. Categories of Teachers:  The exam will be held for the posts of PGT/TGT/PRT for all subjects (List placed 
at Appendix B).  

5. Vacancies. This will vary from School to School.  A clear picture of vacancies existing in Schools will 
emerge only at the beginning of an academic year.  Based on the vacancies available, schools advertise for 
interview. Appointments will be made as per CBSE/AWES Rules. 
6.      Qualifications.   The requisite qualifications are:- 
 (a)       Educational/Professional Qualifications:- 
Ser No Post               Minimum Qualifications 2 

D:\f drive\BProjects\AWES\Guidelines for candidates.doc 
Education % Marks Professional % Marks 
1. PGT Post Graduation 50 B Ed 50 
2. TGT Graduation 50 B Ed 50 
3. PRT Graduation 50 B Ed 50 
  
(b)     Age   - As on 01 April 2014:- 
(i)       Fresh Candidates  - Below 40 years, except for    Delhi 
schools where TGT/PRT should be < 29 yrs and PGT < 35   years 

 (ii)    Experienced Candidates - Below 57 years 
                   (Should have minimum 5 years teaching experience in the 
                  Last 10 years) 

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Saturday, September 28, 2013

U.P. Basic Education (Teachers) Service Rules, 1981



U.P. Basic Education (Teachers) Service Rules, 1981

Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts


Rule 15 is clear that minimum educational qualification for teachers laid down by an authority authorized by the Central Government shall be applicable for all schools referred to in clause (n) of Section 2. The State Government in its turn on 07.09.2011 proceeded to authorize the Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly guidelines had also been issued to be complied with for passing T.E.T. (Teacher Eligibility Test) 


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934


In respect to teachers of Primary Schools maintained by the Board, Rules 1981 have been framed known as U.P. Basic Education (Teachers) Service Rules, 1981, published in U.P. Gazette (Extra Ordinary) on 03.01.1981. The application of these rules is provided in Rule 3, as under:
"Extent of application.- These rules shall apply to :
(i) All teachers of local bodies transferred to the Board under Section 9 of the Act; and
(ii) all teachers employed for the Basic and Nursery Schools established by the Board."

Rule 4 deals with the strength of the service. Rule 5deals with the source of recruitment. Rule 6 deals with the age. Rule 8 deals with the academic qualifications and mentions that essential qualification of the candidates for appointment to a post referred to in clause (5) of rule 5 would be as shown below against each. Rule 8 is being extracted below:
"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:

Post
Academic Qualifications
(I) Mistress of Nursery school
Certificate of teaching (Nursery) from a recognized training institution in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto:
Provided that the essential qualification for a candidate who has passed the required training course shall be the same which was prescribed for admission to the said training course.

(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(I)A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(II)Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto.
(3) The minimum experience of candidates for appointment to a post referred to in clause (b) of Rule 5 shall be as shown below against each:

Post
Experience
(i) Head Mistress of Nursery School
At least five years' teaching experience as permanent Mistress of Nursery School
(ii) Headmaster or Head Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School
At least five years' teaching experience as permanent Assistant Mistress or Assistant Master of Junior Basic School, Assistant Master or Assistant Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School
(iii) Head Master or Head Mistress for Senior Basic School
At least five years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned as serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.

(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.

(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto."

Rule 10 of the aforesaid Rules deals with the authority of relaxation for ex-servicemen and certain other categories, which is inclusive of compassionate appointment also, and the same reads as below:
"10. Relaxation for ex-servicemen and certain categories.- Relaxation, if any, from the maximum age limit, educational qualifications or/and any procedural requirements of recruitment in favour of the ex-servicemen, disabled military personnel, dependents of military personnel dying in action, dependents of Board's servants dying in harness and sportsmen, in accordance with the general rules and orders of the Government in this behalf in force at the time of recruitment."

Rule 14 deals with determination of vacancies and preparation of list.

Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts/

 Rule 16 deals with constitution of selection committee. Rule 17 deals with procedure for direct recruitment to a post for teaching a language. Rule 17A deals with procedure for direct recruitment to a post for teaching subjects other than language. Rule 18 deals with deals with procedure for recruitment by promotion. Rule 19 deals with appointment.
In respect of planned and coordinated development for teachers education, the provisions of 1993 Act has been enforced. This is a Central Act enacted by Parliament and after receiving assent of the President on 29.12.1993 was published in the Gazette of India, (Extra.) Part II, Section 1, dated 30.12.1993. Section 1(3) provides that Act 1993 shall come into force on such date as the Central Government may appoint by notification in initial gazette. Pursuant thereto the Central Government by notification dated 1.07.1995 appointed the same day i.e. 01.7.1995 for enforcement of Act 1993.
The Act 1993 was enacted with an objective of achieving planned and coordinated development for teacher education system throughout the country, the regulation and properly maintenance of norms and standards in teacher education system and for matters connected therewith. The Act 1993 contemplates establishment of a council called as "National Council For Teacher Education" (hereinafter referred as "NCTE") and its functions are enumerated in detail in Section 12 of Act 1993. It clearly talks of planned and co-ordinated development of teacher education, and determination and maintenance of standards for teacher education. It is in this regard various subjects and functions of NCTE have been enumerated in Section 12 from Clauses (a) to (n).
The Act 1993 contemplates recognition and permission of NCTE for running courses or training in teacher education. Section 17 provides, if course or training in teacher education has been imparted or obtained in violation of the provisions of the Act, such course or training shall not be treated a valid qualification for the purpose of employment under Central Act, State Government, University, any School/College or other educational body aided by Central or the State Government. The restriction imposed by Section 17(4) is only to the extent that a training or course in teacher education which does not conform to the various provisions of Act 1993 shall not be a valid qualification for employment as stated above, and nothing more and nothing less. The entire Act 1993 does not talk of the manner in which appointments of teachers shall be made, the eligibility to be laid down for appointment of teachers in Primary Schools etc. except qualification. It is confined to the standard and quality of teachers' education. NCTE can lay down minimum qualification which may be prescribed for appointment of a teacher but it does not control the mode, manner and other relevant provisions regarding recruitment and appointment of such teachers. In State of U.P. and Others Vs. Bhupendra Nath Tripathi and Ors. 2010 (5) ESC 630, the Apex Court has clarified this situation that NCTE can lay down minimum qualification for appointment of teacher by competent appointing authority or the authority competent to frame rules and regulations may lay down any qualification over and above the minimum qualification prescribed by N.C.T.E.
Article 41 in Part IV (Directive Principles of State Policy) provides that the State shall, within the limits of its economic capacity and development, make effective provision for securing right to work, to education etc. Similarly Article 45 provides that State shall endeavour to provide, within a period of ten years from the commencement of Constitution, free and compulsory education for all children until they complete the age of fourteen years. Said provisions have come up before Apex Court Court in Mohini Jain Vs. State of Karnataka, AIR 1992 SC 1858 and Unni Krishnan J.P. Vs. State of A.P., AIR 1993 SC 2178 and the cases followed thereafter observing Primary Education to children from age of 6 to 14 years as a constitutional right, efforts were made by Governments, Central and State both, to expand primary education by establishing primary schools at Village Panchayat level in a major way and this really gave opportunity to open number of new schools and correspondingly increase in number of teachers requiring to man these institution. Parliament also recognized above right by inserting Article 21A in the Constitution i.e. 'Right to Education', by Constitution (86th Amendment) Act, 2002, and, simultaneously inserted Clause (k) in Article 51A vide Section 4 of Constitution (86th Amendment) Act, 2002. The Parliament also in furtherance of the above constitutional provisions, come forward by enacting Act 2009 published in Gazette of India on 27.8.2009. By virtue of Section 1(3) of Act 2009, it has been given effect from 01.4.2010.
One of the major change it has brought, besides other, is that no Primary School other than a school established, owned or controlled by the appropriate Government or local body after commencement of 2009 Act shall be established or function without obtaining a certificate of recognition from such authority, as may be prescribed. For the purpose of seeking recognition, the school has to conform the norms and standard specified in Section 19 of Act 2009 read with the schedule appended thereto. The Act 2009, vide Section 23(1), also provides that any person possessing such minimum qualification, as laid down by an academic authority authorized by the Central Government, by notification, shall be eligible for appointment as a teacher.
Section 23 (2) of the Right of Children to Free and Compulsory Education Act, 2009 further proceeds to mention that where a State does not have adequate institutions offering courses for training in teacher education or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification. A proviso has also been added to the aforesaid sub-section (2) of Section 23 mentioning that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years. For the sake of convenience the provisions of sub-sections (1) and (2) of Section 23 are being excerpted below:


"23. Qualifications for appointment and terms and conditions of service of teachers.- (1) Any person possessing such minimum qualifications, as laid down by an academic authority authorized by the Central Government by notification shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses for training in teacher education or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification.
Provided that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years.

In exercise of powers conferred by Section 38 of 2009 Act, Rules have been framed and the same have been published in the gazette dated 09.04.2010. Part VI of the said Rules deals with the term "teacher". Rule 17 deals with minimum qualification, rule 18 deals with relaxation of minimum qualification, rule 19 deals with acquiring minimum qualifications. Rules 17, 18 and 19 of the aforesaid Rules are being quoted below:
"17. Minimum Qualifications.- (1) The Central Government shall, within one month of the appointed date, notify an academic authority for laying down the minimum qualifications for a person to be eligible for appointment as a teacher.
(2)The academic authority notified under sub-rule (1) shall within three months of such notification, lay down the minimum qualifications for a person to be eligible for appointment as a teacher in an elementary school.
(3)The minimum qualifications laid down by the academic authority referred in in sub-rule (1) shall be applicable for every school referred to in clause (n) of Section 2.
18. Relaxation of minimum qualifications.- (1) The State Government and Union Territory shall, within six months from commencement of the Act, estimate the teacher requirements as per the norms in the Schedule of all schools referred to in clause (n) of Section 2
(2) Where as State Government or Union Territory does not have adequate institutions offering courses or training in teacher education, or persons possessing minimum qualifications as notified in sub-rule (2) of rule 17 are not available in sufficient numbers in relation to the requirement of teachers estimated under sub-rule (1) the State Government or the Union Territory shall request, within one year of the commencement of the Act, the Central Government for relaxation of the prescribed minimum qualifications.
(3) On receipt of the request referred to in sub rule (2), the Central Government shall examine the request of the State Government or the Union Territory and may, by notification relax the prescribed minimum qualifications.
(4) The notification referred to in sub rule (3) shall specify the nature of relaxation and the time period, not exceeding thee years, but not beyo9nd five years from the commencement of the Act, within which the teachers appointed under the relaxed conditions acquire the minimum qualifications specified by the academic authority notified under sub-section (1) of Section 23.
(5) After six months from the commencement of the Act, no appointment of teacher for any school can be made in respect o any person not possessing the minimum qualifications notified in sub-rule (2) of Rule 17, without the notification of relaxation referred to in sub-rule (3).
(6) a person appointed as a teacher within six months of the commencement of the Act, must possess as least the academic qualifications nor lower than higther secondary school certificate or equivalent.
19. Acquiring minimum qualifications. - (1) The State Government and Union Territory shall provide adequate teacher education facilities to ensure that all teachers in schools referred to in sub-clause (I), and schools owned and managed by the Central Government or the State Government or Union Territory or local authority under sub-clause (iii) of clause (n) of Section 2, who doe not possess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, to acquire such minimum qualifications within a period of five years from the commencement of the Act.
(2) For a teacher, or a school referred to in sub-clause (ii) and (iv) of clause (n) of Section 2 and of a school referred to in sub clause (iii) of clause (n) of Section 2 not owned and managed by the Central Government, State Government or Union Territory or local authority, who doe not possess the minimum qualifications laid down under sub-rule (2) of rule 17 at the time of commencement of the Act, the management of such school shall enable such teacher to acquire such minimum qualifications within a period of five years from the date of commencement of the Act."

In exercise of powers conferred by sub-section (1) of Section 23 of 2009 Act, the Central Government has authorized the National Council for Teachers Education (NCTE) as Academic Authority to lay down minimum qualifications for a person to be eligible for appointment as teacher. In exercise of the said authority, the N.C.T.E. has proceeded to lay down minimum qualifications for a person to be eligible for appointment as teacher. Said Notification has been published on 23.08.2000, and thereafter fresh notification has been issued with modifications on 29.07.2011. Relevant extract of the same is extracted below:
"NATIONAL COUNCIL FOR TEACHER EDUCATION
NOTIFICATION
New Delhi, the 29th July, 2011

F.No.61-1/2011/NCTE/N&S).-In exercise of the powers conferred by sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following amendments to the Notification No.215 dated 25th August, 2010 published in the Gazette of India, Extraordinary, Part-III, Section-4, vide F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010, laying down the minimum qualifications for a person to be eligible for appointment as a teacher (hereby referred to as the Principal Notification), namely :-

(I) For sub-para (i) of para 1 of the Principal Notification, the following shall be substituted, namely:-

1. Minimum Qualifications:-
(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary Education (by whatever name known)
AND
(b) pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines 16

framed by the NCTE for the pourpose.

(II) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :-

1 (ii) Classes VI - VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)
OR
Graduation with at 50% marks and 1-year Bachelor ion 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 17

appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(III) For para 3 of the Principal Notification the following shall be substituted, namely:-

(i) Training to be undergone:-A person - (a) with Graduation with at least 50% marks and B.Ed. qualification or 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 shall also be eligible for appointment to Class I to V up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education;

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education.

(ii) Reservation Policy :

Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as ST/ST/OBC/PH.

(IV) For para 5 of the Principal Notification, the following shall be substituted, namely:-

5.(a) Teacher appointed after the date of this notification in certain cases:-Where an appropriate Government or local authority or a shool has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b)The minimum qualification norms referred to in this Notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers."

A perusal of the aforesaid notification would go to show that minimum qualification has been provided for a person to be eligible for appointment as teacher and in addition to it, it has also been provided that the incumbent has to pass Teacher Eligibility Test (T.E.T.) to be conducted by the appropriate Government in accordance with the guidelines framed by the N.C.T.E. for the purpose and paragraph 5 (a) and 5 (b) of said circular has carved out exception to the applicability of said Circular. In the State of U. P. Rules have been framed known as U.P. Right of Children to Free and Compulsory Education Rules, 2011, and therein part VI thereof deals with ''teacher'. Rule 15 deals with minimum qualification of teachers, rule 16 deals with relaxation of minimum qualification, rule 17 deals with acquiring of minimum qualifications. Said Rules have been enforced with effect from 27th July, 2011. The aforesaid Rules 15, 16 and 17 of the aforesaid Rules are being quoted below:

"15. Minimum qualification of teachers (Section 23 (1).- The minimum educational qualifications for teachers laid down by an authority authorized by the Central Government, by notification, shall be applicable for every school referred to in clause (n) of Section 2.
16.Relaxation of minimum qualification (Section 23 (2).- (1) The State Government shall estimate the teacher requirement as per the norms in the Schedule for all schools referred to in clause (n) of Section 2 within the State.
(2) If teachers possessing prescribed minimum qualifications are not available as estimated under sub-rule (1), then the State Government shall request the Central Government by 31st March, for relaxation of the prescribed minimum qualification.
(3) The State Government shall take necessary action after the notification issued by the Central Government, for relaxation in the minimum qualification on the request under sub-rule (2).
(4) The relaxation from minimum qualifications shall be for maximum period of five years from the commencement of the Act, i.e. till 31st March, 2015, within such period the teachers appointed under relaxed condition shall acquire the minimum educational qualifications prescribed under rule 15.
(5) No appointment of teacher for any school can be made in respect of any person not possessing the minimum qualifications prescribed under rule 15 without the notification referred to in sub-rule (3).
17. Acquiring of minimum qualification (proviso to Section 23 (2).- The State Government shall made a request to the academic authority notified by the Central Government for enhancement of capacity of teacher education and for providing required facilities for distant mode teacher training to ensure that all teachers in schools established, owned or controlled by the State Government or a local authority or specified schools, who do not possess the minimum qualifications laid down under Rule 15 at the time of commencement of the Act, acquire such minimum qualifications within a period of five years from the commencement of the Act. The State Government shall after obtaining the approval as per requirement provide for training of all such teachers.
(2) The management of aided or unaided schools shall enable such teachers, who do possess the minimum qualifications laid down under Rule 15 at the time of commencement of the Act, to acquire the same within a period of five years from the commencement of the Act."

Thereafter, in the State of U.P. amendment has been introduced in the U.P. Basic Education (Teachers) Service Rules, 1981 on 09.11.2011, and Rule 8 thereof has been amended known as U.P. Basic Education (Teachers) Service (Twelfth Amendment) Rules, 2011 . A chart containing existing rule as well as amended rule is being extracted below:

Column -I Existing Rule
Column-II Rule as hereby substituted

"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:
"8. Academic Qualifications:- The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:
Post
Academic Qualifications
Post
Academic Qualifications
(i) Mistress of Nursery School
Certificate of teaching (Nursery) from a recognized training institution in Uttar Pradesh or any other training qualification recognized by the Government as equivalent thereto
Mistress of Nursery School
Bachelor's Degree from a University established by law in India or a degree recognized by the Government as equivalent thereto together with the Certificate of teaching (Nursery) from recognized training institution of Uttar Pradesh or any other training course recognized by the Government as equivalent thereto and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto together with the training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto:
Provided that the essential qualification for a candidate who has passed the required training course shall be the same which was prescribed for admission to the said training course.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
Bachelor's degree from a University established by law in India or a degree recognized by the Government as equivalent thereto together with any other training qualification consisting of a Basic Teacher's Certificate (BTC), two years' BTC (Urdu) Vishist BTC and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(I) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and
(ii) Training qualification consisting of a Basic Teacher's Certificate, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto.
(ii) Training qualification consisting of a Basic Teacher's Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

(iii) Head Master or Head Mistress for Senior Basic School
At least five years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned as serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.
(iii) Head Master or Head Mistress for Senior Basic School
At least three years' experience as permanent Head Master or Head Mistress of Junior Basic School or permanent and Assistant Master or Assistant Mistress of Senior Basic School, as the case may be.
Provided that if sufficient number of suitable or eligible candidates are not available for promotion to the posts mentioned at serial numbers (ii) or (iii) the field of eligibility may be extended by the Board by giving relaxation in the period of experience.

(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(4) The essential qualifications of candidates for appointment to the post referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.
Note: A candidate who does not possess the aforesaid qualification in Urdu shall be eligible for appointment if he possesses a Master's Degree in Urdu.

(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto.
(ii) Basic Teacher's Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto or Basic Teacher's Certificate (BTC) (Urdu) and have passed teacher eligibility test conducted by the Government of Uttar Pradesh.

5. The essential qualifications of candidates having proficiency in Urdu for appointment to the posts referred to in sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium shall be as follows:
5. The essential qualifications of candidates having proficiency in Urdu for appointment to the posts referred to in sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium shall be as follows:
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto. The qualifications for proficiency in Urdu will be such as may be prescribed from time to time by the Government.
(i) A Bachelor's Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto. The qualifications for proficiency in Urdu will be such as may be prescribed from time to time by the Government.
(ii) Training qualifications of two years B.T.C. Urdu special training course.
(ii) Training qualification of two years B.T.C. Urdu special training course and have passed teacher eligibility test conducted by Government of Uttar Pradesh



In respect of grant of compassionate appointment under 1981 Rules, there is no specific provision. Rule 10 of the 1981 Rules talks of relaxation and the State Government in its turn has issued Government Order on 04.09.2000 dealing with the grant of compassionate appointment. Relevant extract of the said Government Order is being quoted below:

On the parameters of the provisions quoted and discussed above, the case in hand is being looked into. Each one of the petitioners, claims to have been appointed in consonance with the Government Order dated 04.09.2000. In the said Government Order a specific provision has been provided therein that all those incumbents who fulfill the requisite educational qualification, but do not have training qualification, they can move application for grant of compassionate appointment and the said incumbent would be offered appointment and shall be sent for training of B.T.C. course in the respective District Institutes of Education and Training, and after they successfully complete the training, they would be offered appointment on regular basis. However, in case an incumbent fails to pass the aforesaid examination, his candidature would automatically stand cancelled and he would be offered appointment on class IV post and his claim may also be considered for appointment against class III post as per the exigency.

The moot question before this Court is that when the provisions of the Right of Children to Free and Compulsory Education Act, 2009 have been enforced and necessary eligibility criteria has been fixed for being appointed as a teacher in the institutions defined under Section 2 (n) of the said Act, then as to whether appointment of an untrained person as teacher is feasible or not? by invoking the provisions of relaxation in the matter of compassionate appointment.
The Right of Children to Free and Compulsory Education Act, 2009 has been enforced with effect from 27th August 2009 in the belief that the value of equality, social justice, democracy and creation of just a humane society can be achieved only through the elementary education to all. The provisions of the Right of Children to Free and Compulsory Education Act, 2009 also aims at including the children from disadvantaged group and weaker sections to get education, in consonance with the provisions of Article 21A of the Constitution. Apart from dealing with the right of children to free and compulsory education and making of special provision in the said direction, the Parliament has taken care of the fact that the teachers who are there to impart education, they should have also certain qualification for being appointed, and in view of this clear cut mandate has been made under Sub-section (1) of Section 23 of the said Act, that person possessing such minimum qualification as laid down by the academic authority authorized by the Central Government by notification, shall be eligible for being appointed as teacher. Sub-section (2) of Section 23 of 2009 Act gives liberty to the State Government to collect data of the adequacy of the institutions offering courses of training education, and in case teachers possessing minimum qualifications are not available in sufficient number, requesting Central Government to relax the minimum qualification required for appointment as a teacher, for such period not exceeding five years, as may be specified in the notification. A proviso has also been added providing that a teacher who at the commencement of this Act, does not possess minimum qualification as laid down under sub-section (1), shall acquire such minimum qualification within a period of five years. Apex Court in the case of State of U.P. vs. Bhupendra Nath Tripathi, 2010 (3) SCC 238, apart from holding that State can fix higher qualification, has taken the view that proper training of teacher is integral aspect in effectuation of right of education. Right conferred under Article 21A of the Constitution would remain illusory in the absence of State taking adequate steps to have required number of schools manned by efficient and qualified teachers. Precise mention has been made that before teachers are allowed to teach the children, they are required to receive appropriate and adequate training from duly recognized training institute.
The authority to fix minimum qualification has been out sourced by the Central Government and the NCTE has been declared as authorized academic authority to lay down minimum qualification for a person to be eligible for being appointed as teacher. The N.C.T.E. in its turn has proceeded to notify the educational qualification on 05.04.2010 as is required by Section 23 (2) of the 2009 Act and different sets of minimum qualifications have been provided for teachers for class I to V and class VI to class VIII with requirement to pass T.E.T. to be conducted by the appropriate Government in accordance with the guidelines framed for the purpose. The T.E.T. as such has to be conducted by the State Government. For the purpose of implementation of 2009 Act Rules have also been framed known as U.P. Right of Children to Free and Compulsory Education Rules, 2011 and the said Rules have been enforced with effect from 27th July, 2011. Said Rules have been framed in supercession of all existing rules and orders on the subject,

and Rule 15 is clear that minimum educational qualification for teachers laid down by an authority authorized by the Central Government shall be applicable for all schools referred to in clause (n) of Section 2. 
The State Government in its turn on 07.09.2011 proceeded to authorize the Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly guidelines had also been issued to be complied with for passing T.E.T. (Teacher Eligibility Test) 


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934





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Haryana and Punjab court case decision about 4 year experience of Guest Faculty Teacher (GFT)

Haryana and Punjab court case decision about 4 year experience of Guest Faculty Teacher (GFT)



IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

1.  Civil Writ Petition No.15929 of 2012 (O&M)
DATE OF DECISION: December 21, 2012

Shivani Gupta and others
…..Petitioners
versus

State of Haryana and others
     .....Respondents

2.  Letters Patent Appeal No.1715 of 2012 (O&M)

Gaytri 
…..Appellant
versus

State of Haryana and others
     .....Respondents
3.  Civil Writ Petition No.22697 of 2012 (O&M)

Partibha Malik and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents

4.  Civil Writ Petition No.16432 of 2012 (O&M)

Gaurav Kumar and others  
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
5.  Civil Writ Petition No.17854 of 2012 (O&M)

Renuka Popli and others  
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents CWP-15929-2012  - 2 -

6.  Civil Writ Petition No.17609 of 2012 (O&M)

Dalip Singh and others  
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
7.  Civil Writ Petition No.16376 of 2012 (O&M)

Dr.Anita Saxena, etc. 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
8.  Civil Writ Petition No.24406 of 2012 (O&M)

Pardeep Singh and others
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
9.  Civil Writ Petition No.22068 of 2012 (O&M)

Bheem Singh and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
10.  Civil Writ Petition No.22155 of 2012 (O&M)

Anita Dahiya 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
11.  Civil Writ Petition No.23569 of 2012 (O&M)

Raj Kumar  
…..Petitioner CWP-15929-2012  - 3 -

versus
State of Haryana, etc.
     .....Respondents
12.  Civil Writ Petition No.24196 of 2012 (O&M)

Monika Rani and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
13.  Civil Writ Petition No.23839 of 2012 (O&M)

Rakhi Ahlawat and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
14.  Civil Writ Petition No.24430 of 2012 (O&M)

Anju and another 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
15.  Civil Writ Petition No.23499 of 2012 (O&M)

Priyanka Kumari and others
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
16.  Civil Writ Petition No.21116 of 2012 (O&M)

Usha Rani and others 
…..Petitioners
versus
 CWP-15929-2012  - 4 -

The State of Haryana, etc.
     .....Respondents
17.  Civil Writ Petition No.23997 of 2012 (O&M)

Jyoti 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
18.  Civil Writ Petition No.23816 of 2012 (O&M)

Vandhana 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
19.  Civil Writ Petition No.20430 of 2012 (O&M)

Sneh Lata  
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
20.  Civil Writ Petition No.22876 of 2012 (O&M)

Pardeep Kumar and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
21.  Civil Writ Petition No.23475 of 2012 (O&M)

Shreepal 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents CWP-15929-2012  - 5 -


22.  Civil Writ Petition No.23218 of 2012 (O&M)

Sunita 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
23.  Civil Writ Petition No.24035 of 2012 (O&M)

Geeta Kumari and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
24.  Civil Writ Petition No.24016 of 2012 (O&M)

Rajesh Kumari 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
25.  Civil Writ Petition No.24055 of 2012 (O&M)

Pravin Kumari, etc. 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
26.  Civil Writ Petition No.23589 of 2012 (O&M)

Sukhpal and others 
…..Petitioners
versus

State of Haryana, etc.
     .....RespondentsCWP-15929-2012  - 6 -

27.  Civil Writ Petition No.23813 of 2012 (O&M)

Mahesh Sharma and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
28.  Civil Writ Petition No.14598 of 2012 (O&M)

Krishan Gogia and others  
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
29.  Civil Writ Petition No.22094 of 2012 (O&M)

Rajesh Kumar and others  
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
30.  Civil Writ Petition No.23111 of 2012 (O&M)

Mehar Chand and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
31.  Civil Writ Petition No.23872 of 2012 (O&M)

Suman Lata Devi 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
32.  Civil Writ Petition No.22160 of 2012 (O&M)
 CWP-15929-2012  - 7 -

Shamma Raheja and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
33.  Civil Writ Petition No.15492 of 2012 (O&M)

Ashok Kumar 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
34.  Civil Writ Petition No.23522 of 2012 (O&M)

Sangeeta, etc.  
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
35.  Civil Writ Petition No.21549 of 2012 (O&M)

Hem Lata, etc. 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
36.  Civil Writ Petition No.22374 of 2012 (O&M)

Bala Devi and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
37.  Civil Writ Petition No.22327 of 2012 (O&M)

Deepak Kumar, etc. 
…..Petitioners CWP-15929-2012  - 8 -

versus
The State of Haryana, etc.
     .....Respondents
38.  Civil Writ Petition No.25068 of 2012 (O&M)

Ravinder Kumar 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
39.  Civil Writ Petition No.25111 of 2012 (O&M)

Kamal Singh and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
40.  Civil Writ Petition No.25014 of 2012 (O&M)

Bhaskar Gaur 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
41.  Civil Writ Petition No.24811 of 2012 (O&M)

Sunil Kumar 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
42.  Civil Writ Petition No.24916 of 2012 (O&M)

Suman Lata and others 
…..Petitioners
versus
 CWP-15929-2012  - 9 -

The State of Haryana, etc.
     .....Respondents
43.  Civil Writ Petition No.24845 of 2012 (O&M)

Shakuntla Devi and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
44.  Civil Writ Petition No.23889 of 2012 (O&M)

Sunil Yadav 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
45.  Civil Writ Petition No.23871 of 2012 (O&M)

Amita 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
46.  Civil Writ Petition No.23553 of 2012 (O&M)

Aruna, etc. 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
47.  Civil Writ Petition No.21768 of 2012 (O&M)

Mamta and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents CWP-15929-2012  - 10 -


48.  Civil Writ Petition No.23587 of 2012 (O&M)

Parkash, etc. 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
49.  Civil Writ Petition No.23890 of 2012 (O&M)

Ram Sawrup and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
50.  Civil Writ Petition No.22624 of 2012 (O&M)

Sushma Rani and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
51.  Civil Writ Petition No.23596 of 2012 (O&M)

Smt.Seema 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
52.  Civil Writ Petition No.23886 of 2012 (O&M)

Nirmala and others 
…..Petitioners
versus

State of Haryana, etc.
     .....RespondentsCWP-15929-2012  - 11 -

53.  Civil Writ Petition No.25284 of 2012 (O&M)

Neelam and others
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
54.  Civil Writ Petition No.24140 of 2012 (O&M)

Jai Parkash and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
55.  Civil Writ Petition No.24236 of 2012 (O&M)

Nupur and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
56.  Civil Writ Petition No.21548 of 2012 (O&M)

Mamta Rani and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
57.  Civil Writ Petition No.23588 of 2012 (O&M)

Arun and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
58.  Civil Writ Petition No.24303 of 2012 (O&M)
 CWP-15929-2012  - 12 -

Dev Kumar Sharma and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
59.  Civil Writ Petition No.25133 of 2012 (O&M)

Randhir Singh and others
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
60.  Civil Writ Petition No.23464 of 2012 (O&M)

Arvind 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
61.  Civil Writ Petition No.24325 of 2012 (O&M)

Gurinder Kaur 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
62.  Civil Writ Petition No.24205 of 2012 (O&M)

Sudesh 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
63.  Civil Writ Petition No.23853 of 2012 (O&M)

Maya Devi, etc. 
…..Petitioners CWP-15929-2012  - 13 -

versus
State of Haryana, etc.
     .....Respondents
64.  Civil Writ Petition No.23840 of 2012 (O&M)

Anita Yadav 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
65.  Civil Writ Petition No.23535 of 2012 (O&M)

Saroj Devi 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
66.  Civil Writ Petition No.22432 of 2012 (O&M)

Tripti Gupta and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
67.  Civil Writ Petition No.22612 of 2012 (O&M)

Sarita and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
68.  Civil Writ Petition No.23572 of 2012 (O&M)

Sudesh Kumari, etc. 
…..Petitioners
versus
 CWP-15929-2012  - 14 -

State of Haryana, etc.
     .....Respondents
69.  Civil Writ Petition No.23560 of 2012 (O&M)

Anju 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
70.  Civil Writ Petition No.24114 of 2012 (O&M)

Sudesh Kumari, etc. 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
71.  Civil Writ Petition No.24176 of 2012 (O&M)

Inderjeet Yadav and others 
…..Petitioners
versus

The State of Haryana, etc.
     .....Respondents
72.  Civil Writ Petition No.23001 of 2012 (O&M)

Rajender Kumar 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
73.  Civil Writ Petition No.21137 of 2012 (O&M)

Santosh Rani 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents CWP-15929-2012  - 15 -


74.  Civil Writ Petition No.25129 of 2012 (O&M)

Vijay Kumar 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
75.  Civil Writ Petition No.25213 of 2012 (O&M)

Meenu Rani and others 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
76.  Civil Writ Petition No.24450 of 2012 (O&M)

Pawan, etc. 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
77.  Civil Writ Petition No.25476 of 2012 (O&M)

Suman 
…..Petitioner
versus

State of Haryana, etc.
     .....Respondents
78.  Civil Writ Petition No.24146 of 2012 (O&M)

Anju Devi  
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents CWP-15929-2012  - 16 -


79.  Civil Writ Petition No.24429 of 2012 (O&M)

Yogesh Kumar 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
80.  Civil Writ Petition No.25404 of 2012 (O&M)

Manoj Kumar Sharma 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
81.  Civil Writ Petition No.25366 of 2012 (O&M)

Suman Bala, etc. 
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents
82.  Civil Writ Petition No.25398 of 2012 (O&M)

Geeta Devi 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
83.  Civil Writ Petition No.22701 of 2012 (O&M)

Ramesh Kumar and others 
…..Petitioners
versus

State of Haryana, etc.
     .....RespondentsCWP-15929-2012  - 17 -

84.  Civil Writ Petition No.22698 of 2012 (O&M)

Suchitra 
…..Petitioner
versus

The State of Haryana, etc.
     .....Respondents
85.  Civil Writ Petition No.22707 of 2012 (O&M)

Anuranjnee Jaiswal and others
…..Petitioners
versus

State of Haryana, etc.
     .....Respondents

CORAM:- HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
               HON’BLE MR. JUSTICE RAKESH KUMAR JAIN, JUDGE

Present:  Mr.Anupam Gupta, Senior Advocate with
Mr.Angel Sharma, Advocate; 
Mr.Jagbir Malik, Mr.Jasbir Mor, Mr.A.K. Bura, 
Satbir Gill, Ravi Partap Singh, J.P.Sharma,
Rajesh Lamba, Harish Nain, H.N.Sahu,
Saurabh Dalal, S.S.Ghanghas, Vijay Pal,
Mohit Garg, Madan Pal, Suresh Ahlawat,
Anand Bhardwaj, J.P.Sharma, Narinder
Kumar Sharma, Vivek Goyal, Sandeep
Panwar, P.S.Khurana, Gaurav Jindal, DPS
Bajwa, Ashok Kaushik, M.S.Randhawa,
S.P.Chahar, Parveen Kumar Rohilla,
B.S.Mittal, Vivek Khatri, Rajbir Sehrawat,
Sanjiv Gupta, B.S.Dhull, Satish Chaudhary,
Jitender S.Chahal, R.S. Dhull, S.K.Yadav,
R.K.Hooda, Rajesh Duhan, Anurag Goyal,
K.S. Dadwal, Surinder Dagar, Jainainder
Saini, Dr.Suresh Kumar Redhu, Mr.H.N.
Khanduja, Advocates for the petitioners
 CWP-15929-2012  - 18 -

Mr.G.K. Chatrath, Senior Advocate with
Ms.Alka Chatrath, Advocate for appellant in LPA-1715-2012

Mr.B.S. Rana, Addl. Advocate General, Haryana
  ..
A.K. SIKRI, C.J.:
Introductory remarks
1.  The genesis of present dispute, subject matter of these writ
petitions, can be traced to November-2005 when due to shortage of
teachers, the District Education Officers were prompted by the State of
Haryana to fill up the vacancies of Lecturers, Masters and C&V Teachers
by engaging the Guest Faculty Teachers (GFTs) against the sanctioned
posts.  These GFTs were initially engaged on different dates in 2005
and were to continue up to 31.3.2006. However, as would be noted in
detail at the appropriate stage, most of these GFTs continued beyond
that period and are in service even now.  In the interregnum, legal
battles ensued in various forms which were taken up to the Supreme
Court. The outcome of the various cases was that GFTs are not to be
regularized only because of their length of service; no fresh
appointments of GFTs would be made from 1.4.2012 and exercise to
complete the process of regular selection must be completed within the
specified time.
2.  The State of Haryana has now taken steps for filling the posts
of Teachers in various disciplines on regular basis.  Requisition is sent to
the Haryana School Teachers Selection Board (hereinafter to be referred
to as ‘the Selection Board’) for this purpose.  Before doing so, new
statutory Rules, namely, ‘The Haryana State Education School Cadre
(Group-B) Service Rules, 2012 (hereafter to be referred to as ‘Rules of
2012’) have been promulgated.  Before that, the Rules known as ‘The CWP-15929-2012  - 19 -

Haryana State Education Lecturer School Cadre (Group-C) Service
Rules, 1998 (for short, ‘Rules of 1998’) were in vogue.   
3.  From the perusal of Appendix ‘B’ of Rules of 1998, it is
clear that the basic qualification required for the post of Lecturer was
MA in the relevant subject with Matric and a certificate of having
qualified the School Teachers Eligibility Test (STET) (which was added
in 2008) but now by way of the new Rules, an amendment has been
made by inserting the qualification of Post Graduation in the relevant
subject along with B.Ed. and having passed the STET.  Notwithstanding
this stipulation of basic essential qualifications in the Rules, at the end
of Appendix ‘B’, Note (i) is given whereby exemption from passing
STET/Haryana Teachers Eligibility Test (HTET) is given to the
candidates who have worked as Teachers for a minimum period of four
years on the date of enforcement of these Rules. 
4.  Advertisement has been issued whereby approximately
14,000 posts of PGT Teachers in different subjects are advertised. The
qualifications common to all posts specified are: (a) Matric with
Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one of the subject and
(b) Certificate of having qualified HTET/STET.  Further under Note-2,
one time exemption of HTET/STET has been granted to the candidates
who have worked for minimum four years till 11.4.2012 in privately
managed government aided, recognized and government schools.  It is
further provided that this relaxation is only one time and candidates will
have to qualify STET/HTET not later than 1.4.2015, otherwise their
services will be terminated automatically. CWP-15929-2012  - 20 -

5.  After some time, another notification was issued whereby
the Rules of 2012 were amended by inserting a transitional provision
under Rule 19-A whereby it is provided, as one time measure, that the
candidates whosoever were qualified under the Rules of 1998 shall also
be eligible for recruitment and they will have to qualify HTET and B.Ed.
by 1.4.2015. Thereafter, a corrigendum dated 3.7.2012 was issued
whereby under transitional provision the candidates who were eligible
under the Rules of 1998 were also made eligible, as a one time
measure, and further one time exemption is given to the candidates,
who are having four years experience till 11.4.2012 in addition to being
in position on the date of applying for the said post, to acquire
qualifications of passing HTET/STET and B.Ed. 

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Benefit of RTI (Right To Information Act)

Benefit of RTI (Right To Information Act)

आरटीआई से एक फायदा हुआ,
पहले शिकायत करते थे,
नतीजा पता नहीं चलता था,
अब शिकायत करते हैं,
आरटीआई से पता करते हैं,
नतीजा पता चल जाता है,
शिकायत पर कुछ नहीं हुआ.

Grievance solution mechanism should also develop with the use of RTI.
Govt. should make some provision to solve grievance if they are genuine and can be solved with RTI.
So that wrongdoers will have some fear to not to make corrupt practices.

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Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Writ in Court regarding Educational Qualification for Junior Teacher Recruitment Process UP

Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Writ in Court regarding Educational Qualification for Junior Teacher Recruitment Process UP



Actually I don't know details i.e. what happened in court for below writ petition. But this writ matter is discussed on facebook, 
However I felt , You do not afraid of such cases as NCTE and Govt. will solve this issue.

And the best thing is there is NO STAY on recruitment process and all writs / cases will be disposed soon.

Best Wishes to All Junior Teacher Job Aspirants.


Yeh case facebook par charcha mein hai - Court No. - 1
Case :- WRIT - A No. - 53620 of 20137
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.
Learned counsel for the petitioners is permitted to implead the National
Council for Teachers Education, New Delhi through its Secretary and the
Northern Region National Council for Teachers Education at Jaipur through
its Secretary as respondent nos.4 and 5. He may give due notice to the learned
counsel representing the aforesaid two authorities within 24 hours and inform
him about the date fixed in the matter.
Put up as a fresh case on Tuesday, 1.10.2013.
Order Date :- 27.9.2013

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2827586

*************

Some people on facebook give interpretation / hearing details of this case as  -

According to Washeem Ahamad- न्यायमूर्ति विक्रम नाथ के कोर्ट नंबर एक में हमारे साथी सदानंद मिश्रा और उनके मित्र सीमांत सिंह ने कन्नौज के जितेन्द्र सिंह की याचिका संख्या 53620 पर शानदार बहस करते हुए जूनियर की भर्ती के ताबूत में पहली कील ठोंक दी ,,,, अब एकैडमिक वालों को पता चलेगा कि टेट मेरिट वालों से टकराने का क्या अंजाम होता है ,,अभी तो यह मात्र आगाज है,,,,,
याचिका पर बहस करते हुए हमारे वकीलों ने कोर्ट का ध्यान सरकार द्वारा NCTE की गाइड लाइन के उल्लंघन पर दिलाया जिसमें विज्ञान-गणित के शिक्षकों के लिए जूनियर में विज्ञान वर्ग का टेट पास होना अनिवार्य बताया गया है,,,जबकि बी.ए.गणित वालों ने कला वर्ग का टेट पास किया है,,,, जाहिर है वो NCTE द्वारा निर्धारित न्यूनतम योग्यता जूनियर का विज्ञान वर्ग का टेट पास होना पूरी नहीं करते ,, साथ ही बी.सी.ए.,बी.बी.ए.,बी.एस.सी.होम साइंस, B.U.M.S, B.H.M.S के पाठ्यक्रम को विज्ञान-गणित शिक्षकों की भर्ती के लिए अपर्याप्त बताया गया है ,,,,,
याचिका पर हुई बहस के बाद जज साहब ने पहले तो अपने माथे पर आय पसीना पोछने के बाद मंद स्वर में जो कहा उसे ना बताना ही बेहतर है वरना विज्ञान के एकैडमिक पुराधाओं के पैरों तले जमीन खिसक जायेगी,,,,उसके बाद जज साहब ने याचिकाओं में उठाये सभी बिंदुओं पर सहमति देते हुए हमारे वकीलों को अपनी ओर से एक परामर्श दिया कि NCTE को आप लोगों ने पार्टी क्यों नहीं बनाया ,,,,
कोर्ट ने सरकारी वकील को निर्देश दिया है कि वो अगली सुनवाई में (एक अक्टूबर ) में इस बारे में सरकार से निर्देश प्राप्त करके आये,,,,,

ये तो हुई कानूनी बात,,,, अब आते हैं असली मुद्दे पर,,,,,ऊपरी तौर से तो ऐसा लग रहा है कि इस मुकदमें का मकसद बी.ए गणित वालों समेत बी.सी.ए.,बी.बी.ए.,बी.एस.सी.होम साइंस, B.U.M.S, B.H.M.S को भर्ती से बाहर करवाना है ,,लेकिन इसके परिणाम उम्मीद से कुछ ज्यादा दूरगामी होने की उम्मीद है ,,,,, बी.ए. गणित वालों को बाहर करने पर वो अपील में जायेंगे और तर्क देंगे कि NCTE एवं सरकार द्वारा उन्हें विज्ञान वर्ग का का टेट देने का विकल्प नहीं दिया गया था जबकि वो गणित शिक्षक बनने के लिए गणित से स्नातक की अहर्ता रखते हैं,,,, जाहिर है यह गलती बी.ए मैथ वालों की ना होकर NCTE और सरकार की है ,,,, इसका एक ही न्यायसंगत निदान है,,,, एक और टेट हो जिसमें विज्ञान और कला वर्ग के टेट अलग-अलग समय पर हों जिससे कोई अभ्यर्थी दोनों ही वर्ग के टेट दे सके ,,,,,,मेरी जानकारी के अनुसार इसी केस में एक और समस्या भी आई है,,,, सरकार ने बी.बी.ए. बी.सीए. वालों के वर्ग का निर्धारण करने के लिए इंटर में उनके विषयों को आधार बनाया है,,यदि ऐसा है तो कला वर्ग के वो अभ्यर्थी जिन्होंने विज्ञान से इंटर किया है जूनियर में विज्ञान-गणित के शिक्षक बनने योग्य हो जाते हैं,,,,,,,,

**********************
Actually I don't know details i.e. what happened in court.
However I felt , You do not afraid of such cases as NCTE and Govt. will solve this issue.

And the best thing is there is NO STAY on recruitment process and all writs / cases will be disposed soon.

Best Wishes to All Junior Teacher Job Aspirants.

Read more...

Friday, September 27, 2013

UPTET 2014 : टीईटी अब होगी जनवरी 2014 में


UPTET 2014 : टीईटी अब होगी जनवरी 2014 में
परीक्षा नियामक प्राधिकारी ने भेजा प्रस्ताव, बीएड वाले होंगे उच्च प्राइमरी के लिए पात्र







लखनऊ। शिक्षक पात्रता परीक्षा (टीईटी) अब इस साल न कराकर जनवरी 2014 में कराने की योजना है। परीक्षा नियामक प्राधिकारी ने इसके लिए शासन को प्रस्ताव भेज दिया है। इसमें 10 से लेकर 14 जनवरी के बीच किसी भी दिन दो पालियों में परीक्षा कराने की बात कही गई है। बीटीसी, उर्दू बीटीसी और कोर्ट के आदेश पर प्रशिक्षित विशिष्ट बीटीसी वाले प्राइमरी और बीएड वाले उच्च प्राइमरी स्कूलों की टीईटी के लिए पात्र होंगे। शासन से मंजूरी मिलने के बाद आदेश जारी करते हुए आवेदन लेने की प्रक्रिया दिसंबर में शुरू करने की योजना है।
शिक्षा का अधिकार अधिनियम लागू होने के बाद कक्षा आठ तक के स्कूलों में शिक्षक बनने के लिए टीईटी अनिवार्य कर दिया गया है। इसके आधार पर राष्ट्रीय अध्यापक शिक्षा परिषद (एनसीटीई) ने वर्ष 2010 में अधिसूचना जारी करते हुए राज्यों से साल में दो बार टीईटी आयोजित कराने की व्यवस्था की है। उत्तर प्रदेश में अब तक केवल दो बार यानी नवंबर 2011 और जून 2013 में टीईटी आयोजित हुई है। वर्ष 2012 में टीईटी आयोजित नहीं की गई। इस बार साल में दो बार टीईटी कराने की तैयारी थी लेकिन देरी होने की वजह से यह तय किया गया है कि अब इसे जनवरी 2014 में कराया जाए। परीक्षा नियामक प्राधिकारी ने इसके आधार पर प्रस्ताव भेजा है। इसमें टीईटी जनवरी में कराए जाने की बात कही गई है। इस बार भाषा शिक्षकों के लिए अलग से परीक्षा कराने का प्रस्ताव नहीं है। वजह साफ है कि जून 2013 की परीक्षा में मोअल्लिम वालों को भी शामिल होना था, इसलिए भाषा शिक्षक के लिए टीईटी की अलग से व्यवस्था की गई थी।


बीएड की खाली 32,000 सीटों पर सीधे मिलेगा प्रवेश
कानपुर : प्रदेश में खाली चल रही बीएड की 32,000 सीटों पर अब सीधे प्रवेश लिया जा सकेगा। यह फैसला उच्चशिक्षा विभाग के प्रमुख सचिव नीरज गुप्ता ने सेल्फ फाइनेंस कॉलेज प्रबंधकों की मांग पर लिया है। नए आदेश के मुताबिक जिन कॉलेजों में बीएड की सीटें खाली है वो कॉलेज विज्ञापन जारी कर सीधे आवेदन मंगा सकते हैं। प्रवेश की पूरी प्रक्रिया 15 अक्टूबर तक संपन्न की जानी है। इस प्रक्रिया के तहत प्रदेश में कुल 32,000 सीटें भरी जाएंगी। प्रवेश केवल उन्हीं अभ्यर्थियों को दिया जाएगा जो बीएड की प्रवेश परीक्षा में सम्मिलित हुए थे। सेल्फ फाइनेंस कॉलेज एसोसिएशन के अध्यक्ष डॉ. विनय त्रिवेदी और महामंत्री डॉ. बृजेश भदौरिया ने बताया कि इस सिलसिले में काफी दिनों से बातचीत चल रही थी जिसे गुरुवार को मान लिया गया है

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Big Recruitment Going to Open in Aided Schools in UP


एडेड स्कूलों में खुलेंगी भर्तियां
•परीक्षा नियामक प्राधिकारी ने शासन को भेजा प्रस्ताव
•नवंबर में निकलेगा विज्ञापन, दिसंबर से होंगे आवेदन




News Sabhaar : अमर उजाला ब्यूरो (27.9.13)

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