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Monday, December 26, 2011

UPTET : Allahabad Highcourt - BTC Candidates who oppose TET test in UP

UPTET : Allahabad Highcourt - BTC Candidates who oppose TET test,  petition dismissed


HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 27
Case :- WRIT - A No. - 70380 of 2011
Petitioner :- Manju Lata & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rakesh Kumar Mathur,Smt. Swarn Lata Suman
Respondent Counsel :- C.S.C.,A.S.G.I. (2011/2421),R.A. Akhtar
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioners and learned counsel for the respondents Sri Hardev Singh.
By means of this writ petition, the petitioner has challenged the notification dated 7.9.2011 by which all the candidates who are desirous of appointment on the post of Assistant Teacher in Primary Schools have necessarily to undergo a test which is termed as 'Teachers Eligibility Test'. According to the petitioner, he has already undergone a training under B.T.C. of 2008. The petitioner claims that the Act, that is, Right of Children to Free and Compulsory Education Act, 2009 which prescribes the minimum qualification, does not itself prescribe any such essential condition that a candidate has to qualify 'Teachers Eligibility Test' and , therefore, the said Government Order is against law and liable to be quashed. Learned counsel for the respondents, however, has pointed out that several writ petitions relating to the same subject have been filed before this Court and have been dismissed by learned Single Judge of this Court by judgment dated 11.11.2011 and the controversy has now been settled and learned Single Judge has held that the minimum qualification as prescribed by the National Council for Teacher Education vide its notification dated 23.8.2011 prescribes for 'Teachers Eligibility Test' and , therefore, the petitioners having not applied for 'Teachers Eligibility Test' are not eligible for consideration.
According to the learned counsel for the respondent the case is squarely covered by the decision rendered in leading case of Ravi Prakash & others Vs. State of U.P. & others decided on 11.11.2011.
In view of the above no relief can be granted to the petitioner and the writ petition is accordingly dismissed.
Order Date :- 7.12.2011
VPC

Information Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1562504

7 comments:

  1. B.t.c. wale kyo presan hai next time tet paas ke lena.........

    ReplyDelete
  2. ye haqikat hai acadmic merit se selection karne ki.1 diet mai 200 mai se keval 38 paas hue hain.kaayde se jab tak ye tet qualify na karen tab tak k liye enka prashikshan rok dena chahiye.

    ReplyDelete
  3. JO LOG ACEDMIC KO CHAYAN ka aadhar maan rahe hain wo ya to PAGAL hain ya TET me FAIL hain,

    Aap sochiye ACDM MERIT se jo log Primary me job lenge wo hi JUNIOR me le lenge,

    fir 2-2 TET karane ka kya Fayda ?

    SOCHOO......?

    ReplyDelete
  4. HC,allahabad ne BTC walo ko roke ke acha kiya,kynuki 80% nakal markar BTC me acadmic ke adhar per BTC join kiya hai, 75% marks(Hs+Inter+BA/Bsc.)pa ker tet kyunahi pass kar paye aur yadi yeh itne hi scholer hai to inko IAS/PCS/Medical/Engg kar ni chahai na ki primary ka master.

    ReplyDelete
  5. Main to ye kahta hoon jo bhi VBTC main select ho gayen hain ya naukari kar rahen hai, sabke liye TET exam jaruri kar dena chahiye, aur jab tak ye log TET na clear karen inhe Betan na diya jaye aur naukari se suspend kiya jay, special High Academic merit walon ka to Academic record fir se check karaya jay yadi wo TET main fail hote hain.

    ReplyDelete
  6. GAZETTE OF INDIA KE PARA 5 MEIN CLEARLY DIYA GAYA HAI KI- 10 JUNE 2011 KE BAAD 1 JANUARY 2012 TAK KEVAL UNHI PADO PAR BHARTIYA KI JAYENGI JINKA ADVERTISEMENT 10 JUNE 2011 SE PAHLE NIKALA JA CHUKA HO.AAP NEECHE DETAILS DEKH SAKTE HAIN----------

    (III) Para 3 of the principal Notification shall be read as follows :
    (i) Training to be undergone – A person -
    (a) with B.A. / B.Sc. / B.Com. with at least 50% marks and B.Ed. qualification or with
    B.A./B.Sc./B.Com. 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 upto 1
    st
    January, 2012, provided he/she undergoes, after
    appointment, an NCTE recognized 6-month Special programme in Elementary
    Education
    (IV) Para 5 of the principal Notification shall be read as follows :
    5. (a) Teacher appointed after the date of this notification in certain cases :- Where an
    appropriate Government or local authority or a school 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. In respect of teachers for Physical
    Education, the minimum qualification norms for Physical Education teachers referred
    to in NCTE Regulation dated 3
    rd
    November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science,
    Work Education, 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 subject teachers.
    (R.P.Sisodia)
    Member Secretar
    URL IS HERE-
    http://www.ncte-india.org/publicnotice/notice2011/Notification_qulifi_RTE_hindi_eng.pdf

    ReplyDelete
  7. Ashish u are more than 100% right i personally know many primary teachers and siksha mitra who cannot do basic calculation in Maths, they all will spoil the carrers of coming generation of UP state, some evaluation should be there who have already secured job in primary teacher, talented candidate will never run from competetion whether it is TET, SSC, UOSC,0r PCS

    ReplyDelete

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