Ashok Kumar And 2 Others vs State Of U.P. And 5 Others
2015 Latest Caselaw 1569 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 38
 

 
Case :- WRIT - A No. - 41478 of 2015
 

 
Petitioner :- Ashok Kumar And 2 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Manoj Kumar Keshari,Beerendra Singh Pal
 
Counsel for Respondent :- C.S.C.,A.K. Yadav,Arun Kumar,Ashok Kumar Singh,Shrawan Kumar Pandey
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioners. Learned Standing Counsel appears for respondents No.1, 2 and 3, Sri A. K. Yadav for respondent No.4 and Sri Arun Kumar for respondent No.6.

The petitioners are graduates from the a University established by law and they have also completed Special B.T.C. The certificates of completion of Special B.T.C. dated 27.9.2011 have been filed. They contend that despite completion of Special B.T.C. they have not been appointed as Assistant Teacher and the condition in the Government Order dated 9.12.2014 as amended by the Government Order dated 11.12.2014 requiring them to have TET qualification also is not applicable to them.

The minimum qualification for appointment as Assistant Teacher of Junior Basic School is given in Rule 8 of the U.P. Basic Education (Teachers) Service Rules, 1981 is as follows:

(1) Bachelor's Degree from a University established by law in India or a Degree recognised by the Government as equivalent thereto.

(2) Training qualification consisting of a B.T.C., Vishist B.T.C. two years B.T.C. Urdu.

(3) Passed Teachers Eligibility Test conducted by the Government or by the Government of India.

A plain reading of the aforesaid provisions reveals that apart from possessing Bachelor's Degree from a University established by law and the B.T.C./Special B.T.C., the candidate must have passed the TET conducted by the Government.

In the light of the statutory minimum qualification for Assistant Teacher (Basic) prescribed, the condition of passing TET laid down by Government Order dated 11.12.2014 is in consonance with above qualifications.

The Full Bench of this Court in Shiv Kumar Sharma Vs. State of U.P. and others 2013(6) ADJ 310 FB has held that NCTE being the academic authority is empowered to fix minimum qualification for appointment of Assistant Teacher which include TET. The notification prescribing completion or passing TET for appointment on the post of Assistant Teacher is not illegal and no relaxation, therefore, is permissible.

In view of the aforesaid, as the petitioners have not passed TET they are not qualified for appointment as Assistant Teacher.

The writ petition is devoid of merit and is dismissed.

Order Date :- 31.7.2015

Brijesh