Uttarakhand High Court
Vinay Kumar And Others ...Petitioners vs State Of Uttarakhand And Others on 30 April, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition (SS) No. 2292 of 2018
Vinay Kumar and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition (SS) No. 172 of 2019
Laxman Singh Samant and Another ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
Presence:
1. Mr. V.B.S. Negi, learned senior counsel assisted by Mr. Subhash
Upadhyay, (through V.C.) learned counsel for the petitioners.
2. Mr. P.S. Bisht, learned Additional C.S.C. for the State.
3. Mr. A.S. Rawat, learned senior counsel assisted by Mr. Tapan
Singh, learned counsel for the respondent.
Hon'ble Rakesh Thapliyal, J. (Oral)
Only in order to assist this court the Chief Secretary
joined the proceeding through V.C.; however, before assisting to
this court, this court is of the view that let the Chief Secretary
may go through with the judgment passed by the Division Bench
dated 29.05.2018 passed in bunch of Special Appeals, the leading
one is Special Appeal No. 307 of 2016 along with the
Uttarakhand Elementary Education (Teachers) Service Rules
2012 notified on 28.08.2012 as well as the amendment to the
2012 Rules carried out by notification dated 18.01.2016 and the
NCTE notification dated 12.08.2014.
2. As it appears from the 2012 Rules one of the
eligibility for appointment is that the candidate should be TET
qualified to be conducted as per the guidelines of the NCTE by
the concerned State Government/Central Government.
On perusal of the amendment carried out by the
notification dated 18.01.2016 it appears that only those
candidates are eligible for appointment, who qualified TET
examination as per notification dated 12.08.2014 and on perusal
of NCT notification dated 12.08.2014 it reveals that relaxation to
the B.Ed. candidate was extended upto 31.03.2016 subject to this
condition that if they qualify TET examination conducted as per
the guidelines of NCTE then they would be eligible.
3. The NCTE also filed their counter affidavit and in
Paragraph 10 the following statements has been given:
"10. That it is submitted that the state policy is always
independent but guided by the regulatory body of National
Council for Teacher Education/Central Govt. to maintain the
standards in Teacher recruitment. However, in this particular
matter the State Govt. of Uttarakhand has requested NCTE as
there was a shortage of trained teachers/manpower to Primary
Schools; therefore, the candidate with B.Ed. qualification
may also be recruited in primary schools along with other
trained person possess the degree/diploma in Elementary
Education e.g. D.El.Ed. The above request was consented by
the NCTE/Central Govt. from 12.03.2012 to 31.03.2014 and
later extended up to 31.03.2016. Hence, a person having
B.Ed. degree and qualified the Uttarakhand state TET
examination may be appointed as teacher only up to
31.03.2016, not thereafter."
4. The stand of the NCTE as per paragraph 10 of the
counter affidavit is that the candidates having B.Ed. degree and
qualified the Uttarakhand State TET examination may be
appointed as teacher only upto 31.03.2016 and not thereafter. The
stand of the NCTE appears to be in consonance with the
notification dated 12.08.2014, since in this paragraph the NCTE
clearly stated that only the candidates, who qualified the TET
conducted by the State are eligible for appointment.
5. As informed to this court, according to the learned
senior counsel Mr. V.B.S. Negi more than 177 incumbents, who
were not TET holder, but CTET holder have been given
appointment, however, learned senior counsel Mr. A.S. Rawat
submits that more than 200 candidates were appointed, who were
not having the TET rather having the CTET.
6. Now, the question is if as per the stand of the NCTE
only the TET holder conducted by the State are eligible then how
those appointments were made, which are contrary to the NCT
notification dated 12.08.2014 as well as the Rules of 2012, which
was amended in 2016.
7. Let the Chief Secretary may go through and looked
into.
8. Put up this matter on 02.06.2025.
9. Copy of this order be supplied to the learned C.S.C.
(Rakesh Thapliyal, J.)
30.04.2025
PR
