मॉडल
स्कूलो में टीजीटी शिक्षकों के चयन में टीईटी की अनिवार्यता के विषय को
लेकर मुख्य न्यायाधीश की बेंच के दिये निर्णय दिनांक 27 अप्रैल 2015 की
प्रतिलिपि :
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- SPECIAL APPEAL No. - 249 of 2015
Appellant :- Jitendra Singh Rajpoot
Respondent :- Union Of India Thru. Sec. And 4 Others
Counsel for Appellant :- Shailesh Kumar Shukla
Counsel for Respondent :- C.S.C.,A.S.G.I.2015/0895,H.N. Pandey,R.A. Akhtar
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
An order of dismissal of a writ petition under Article 226 of the Constitution has given rise to the present special appeal. The appellant, who is the original petitioner, sought to challenge an advertisement issued on 17 March 2015 for appointment of trained graduate teachers in State Model Schools in Uttar Pradesh. The grievance of the appellant is that though NCTE has made it mandatory by a notification dated 23 August 2010 to hold a TET qualification, the State has not followed the requirement.
The learned Single Judge merely recorded the submission of the counsel for the petitioner and of the Standing Counsel and dismissed the writ petition with the following observations:
"According to the learned counsel for the petitioner after notification of 23.8.2010 and thereafter Right to Free and Compulsory Education Act, 2009 which also prescribes TET as necessary qualification and , therefore the institutions within the State cannot appoint the teachers who do not have TET for teaching classes 1 to 5 and 6 to 8.
Learned Standing Counsel upon instruction submits that TET requirement is not applicable to the Model School as the Model School is affiliated to the CBSC and , therefore, the TET is not required.
In view of the aforesaid , the writ petition has no merit and is dismissed."
Ex facie, there has been no consideration by the learned Single Judge on the merits or tenability of the submission of the appellant. The appellant has relied upon the judgment of a Full Bench of this Court in Shiv Kumar Sharma Vs. State of U.P. and others, [2013 (6) ADJ 310 (FB)], in support of the following propositions:
"1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.
2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.
3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a)."
In our view, the learned Single Judge ought to have considered the submissions and could not have dismissed the writ petition merely on the basis of submissions of the learned Standing Counsel without considering the tenability of the rival contentions. For these reasons, we allow the special appeal and set aside the impugned judgment and order dated 18 April 2015.
Writ A No.21167 of 2015 is, accordingly, restored to the file of the learned Single Judge for disposal afresh. It would be open to the learned counsel appearing on behalf of the appellant to apply before the learned Single Judge for expeditious disposal of the writ petition.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- SPECIAL APPEAL No. - 249 of 2015
Appellant :- Jitendra Singh Rajpoot
Respondent :- Union Of India Thru. Sec. And 4 Others
Counsel for Appellant :- Shailesh Kumar Shukla
Counsel for Respondent :- C.S.C.,A.S.G.I.2015/0895,H.N. Pandey,R.A. Akhtar
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
An order of dismissal of a writ petition under Article 226 of the Constitution has given rise to the present special appeal. The appellant, who is the original petitioner, sought to challenge an advertisement issued on 17 March 2015 for appointment of trained graduate teachers in State Model Schools in Uttar Pradesh. The grievance of the appellant is that though NCTE has made it mandatory by a notification dated 23 August 2010 to hold a TET qualification, the State has not followed the requirement.
The learned Single Judge merely recorded the submission of the counsel for the petitioner and of the Standing Counsel and dismissed the writ petition with the following observations:
"According to the learned counsel for the petitioner after notification of 23.8.2010 and thereafter Right to Free and Compulsory Education Act, 2009 which also prescribes TET as necessary qualification and , therefore the institutions within the State cannot appoint the teachers who do not have TET for teaching classes 1 to 5 and 6 to 8.
Learned Standing Counsel upon instruction submits that TET requirement is not applicable to the Model School as the Model School is affiliated to the CBSC and , therefore, the TET is not required.
In view of the aforesaid , the writ petition has no merit and is dismissed."
Ex facie, there has been no consideration by the learned Single Judge on the merits or tenability of the submission of the appellant. The appellant has relied upon the judgment of a Full Bench of this Court in Shiv Kumar Sharma Vs. State of U.P. and others, [2013 (6) ADJ 310 (FB)], in support of the following propositions:
"1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.
2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.
3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a)."
In our view, the learned Single Judge ought to have considered the submissions and could not have dismissed the writ petition merely on the basis of submissions of the learned Standing Counsel without considering the tenability of the rival contentions. For these reasons, we allow the special appeal and set aside the impugned judgment and order dated 18 April 2015.
Writ A No.21167 of 2015 is, accordingly, restored to the file of the learned Single Judge for disposal afresh. It would be open to the learned counsel appearing on behalf of the appellant to apply before the learned Single Judge for expeditious disposal of the writ petition.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
सरकारी नौकरी - Government of India Jobs Originally published for http://e-sarkarinaukriblog.blogspot.com/ Submit & verify Email for Latest Free Jobs Alerts Subscribe