शिक्षामित्रों के दूरस्थ बी0टी0सी0 प्रशिक्षण के प्रकरण पर माननीय उच्च न्यायालय ने NCTE, SCERT और राज्य सरकार को नोटिस जारी करते हुए कहा सभी करें 28 अप्रैल को काउन्टर फाइल : यहीं क्लिक कर कोर्ट का आदेश देखें ।
Court No. - 7
Case :- WRIT - A No. - 7682 of 2016
Petitioner :- Kuldeep Singh And Another
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Arvind Srivastava,Ashok Kumar
Dubey
Counsel for Respondent :- C.S.C.,Rajiv Joshi
Counsel for Petitioner :- Arvind Srivastava,Ashok Kumar
Dubey
Counsel for Respondent :- C.S.C.,Rajiv Joshi
Hon'ble Pradeep Kumar Singh Baghel,J.
Learned Standing Counsel appears for the respondent no.1. Sri
Rajiv Joshi, learned counsel has accepted notice on behalf of
respondent no.2.
It is contended on behalf of the petitioners that they did their
two years regular B.T.C. course from a recognized institution.
The respondents illegally permitted the candidates who did their
two years B.T.C. course from Distance Education from an
institution which is not a recognized institution.
Learned counsel for the petitioners has drawn the attention of
the Court to the Appendix-9 of the NCTE Regulations, 2014
which has been published in the Gazette of India, wherein the
eligibility of the institutions has been laid down in the following
terms:
"Appendix-9
Norms and standards for diploma in elementary
education programme through Open and Distance
Learning System leading to Diploma in Elementary
Education (D.El.Ed)
2. Eligibility of Institutions and Territorial
Jurisdiction
2.1 Eligibility of Institutions
The institutions or academic units specially
established for offering ODL programmes like the
National Open University, State Open Universities
and the Directorates/ School of Open and Distance
Learning in UGC-recognized Universities, Open
Schools, SCERTs shall be eligible to offer teacher
education porgrammes. (The Deemed to be
Universities, Agricultural, Technical or allied
Universities, which specialize in a field other
than teacher education and other discipline
specific Universities/Institutions are not
eligible to offer teacher education programmethrough ODL)."
Rajiv Joshi, learned counsel has accepted notice on behalf of
respondent no.2.
It is contended on behalf of the petitioners that they did their
two years regular B.T.C. course from a recognized institution.
The respondents illegally permitted the candidates who did their
two years B.T.C. course from Distance Education from an
institution which is not a recognized institution.
Learned counsel for the petitioners has drawn the attention of
the Court to the Appendix-9 of the NCTE Regulations, 2014
which has been published in the Gazette of India, wherein the
eligibility of the institutions has been laid down in the following
terms:
"Appendix-9
Norms and standards for diploma in elementary
education programme through Open and Distance
Learning System leading to Diploma in Elementary
Education (D.El.Ed)
2. Eligibility of Institutions and Territorial
Jurisdiction
2.1 Eligibility of Institutions
The institutions or academic units specially
established for offering ODL programmes like the
National Open University, State Open Universities
and the Directorates/ School of Open and Distance
Learning in UGC-recognized Universities, Open
Schools, SCERTs shall be eligible to offer teacher
education porgrammes. (The Deemed to be
Universities, Agricultural, Technical or allied
Universities, which specialize in a field other
than teacher education and other discipline
specific Universities/Institutions are not
eligible to offer teacher education programmethrough ODL)."
It is urged by the learned counsel for the petitioners that
the respondents have completed their training imparted by SCERT
which is not a competent body in terms of Appendix-9 as
mentioned above, therefore, they are not the Assistant Teacher
in terms of the definition of the Regulations. Matter needs
consideration. Issue notice to the respondents no.5, 6 & 7,
returnable on 28th April, 2016.
Notice shall be
sent by speed post. Steps be taken within ten days. Notice will
indicate that the respondents may file their counter affidavit
on or before the next date of listing.
Learned
counsel for the N.C.T.E. may file counter affidavit by the
next date of listing. Learned Standing Counsel may also file
counter affidavit within the same period.
List on 28th April, 2016. The appointment of the respondents shall abide by the result of the writ petition.
Order Date :- 14.3.2016
S.Sharma
S.Sharma
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