summery of SM order : 72825 प्रशिक्षु शिक्षकों की भर्ती Latest News

The salient aspects of the Shiksha Mitra scheme were as follows:
(i) The appointment of Shiksha Mitras was to be against the payment of an honorarium;
(ii) The appointment was to be for a period of eleven months renewable for satisfactory performance;
(iii) The educational qualifications would be of the intermediate level;

(iv) The unit of selection would be the village where the school is situated and in the event that a qualified candidate was not available in the village, the unit could be extended to the jurisdiction of the Nyay Panchayat;
(v) The services of a Shiksha Mitra could be terminated for want of satisfactory performance;
(vi) Selection was to be made at the village level by the Village Education Committee; and
(vii) The scheme envisaged the constitution, at the district level, of a Committee presided over by the District Magistrate and consisting, inter alia, of the Panchayat Raj Officer and the District Basic Education Officer among other members to oversee implementation;
# GovernmentOrder dated 1 July 2001 by which it was clarified that the scheme was not a scheme for employment in regular service since its object was to provide to educated rural youth an opportunity to render community service at the level of primary education. The Government Order also contemplated that persons would be selected on the basis of marks obtained in the high school, intermediate, Bed/LT.
# Wherea State does not have adequate institutions offering courses or 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 qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years.
# TeachersEligibility Test is conducted to ensure that a person has therequired knowledge and aptitude to teach students studying in classes I to V. Thisis an important test which cannot be ignored even if a person has been engagedin teaching students of classes I to V for a number of years as Shiksha Mitra.
# Inthe present case, it is evident that the Shiksha Mitras do not fulfil any of the norms laid down by the Supreme Court for regular absorption into the service of the State. They were at all material times appointed as and continued to be engaged as contractual appointees. Their appointments were not against sanctioned posts. They did not fulfil the minimum qualifications required for appointment as Assistant Teachers.
# PARTD : OPERATIVE ORDERS For all these reasons, we allow the writ petitions in the following terms:
(i) The amendment made by the State Government by its notification dated 30 May 2014 introducing the provision of Rule 16-A in the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 by the Uttar Pradesh Right of Children to Free and Compulsory Education (First Amendment) Rules 2014 is held to be arbitrary and ultra vires and is quashed and set aside;
(ii) The Uttar Pradesh Basic Education (Teachers) Service (Nineteenth Amendment) Rules 2014, insofar as they prescribe as a source of recruitment in Rule 5(2) the appointment of Shiksha Mitras; the academic qualifications for the recruitment of Shiksha Mitras in Rule 8(2)(c) and for the absorption of Shiksha Mitras as Assistant Teachers in junior basic schools under Rule 14(6) are set aside as being unconstitutional and ultra vires;

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