Sarkari Damad Naukri /Vacancy/Post Result: January 2012

UPTET : Uttar Pradesh Teacher Eligibility Test (TET)

Allahabad Highcourt Judgement

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.38

Civil Misc. Writ Petition No.58287 of 2011
Pawan Kumar Mishra and others
Versus
State of U.P. and others

Hon'ble V.K. Shukla, J.
Petitioners, who are 118 in number, have approached this Court for issuing a writ in the nature of mandamus directing the respondents to permit the petitioners to appear in the examination of U.P. TET-I/II-2011. Further prayer has been made for issuing a writ in the nature of mandamus directing the respondents to declare the results of examination of the petitioners for U.P. TET-I/II-2011.
Brief background of the case, as disclosed in the writ petition, is that each one of the petitioners is graduate, and after completing their graduation, they have got themselves admitted in B. Ed. course, where they have already undertaken written examination in the month of September, 2011 and their results are awaited. Petitioners have come up with the case that the National Council For Teachers Education (NCTE) vide Notification dated 23.08.2010 has prescribed the minimum qualification for the persons to be eligible for appointment as teacher for class I to class V of schools as referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009. Said notification has been issued in exercise of powers conferred under sub-section (1) of Section 23 of the Act. Keeping in view the qualifications laid down by the NCTE, the Secretary, Madhyamik Shiksha Parishad, U.P. Allahabad has issued advertisement on 22.09.2011 for conducting U.P. TET-I/II-2011 (Teachers Eligibility Test) for appointment of teachers for class I to class V and VI to VIII. In accordance with Notification dated 23.08.2010, in the said advertisement last date for obtaining examination form was 26.09.2011 and the last date for submission of application form is 18.10.2011; the date of examination is 13.11.2011, preliminary stage class I to V from 10.30. to 12.00 A.M. and for class VI to VIII from 2.00 to 3.30 P.M. Petitioners have stated that Teachers Eligibility Test is necessary examination, which a candidate has to clear for appointment to the post of teachers for class I to class VIII. Petitioners' grievance is that they shall be eligible for appointment up to 01.01.2012 with a rider that after the appointment they should undergo six months' special programme in elementary education recognized by the NCTE. Petitioners have appeared in B. Ed. examinations and their results have yet not been declared, hence as per the advertisement, they are not eligible to appear in the qualifying TET examination, as such at this juncture permission should be accorded to them to appear in the said examination, which is scheduled to be held on 13.11.2011, as they legitimately expect that their results may be declared by that time. Petitioners have stated that the scheme is only up to 01.01.2012, as such their valuable right would be lost for appearing in the qualifying examination. Petitioners have stated that Central Board of Secondary Education has even permitted to those who have passed or even appeared in the B. Ed. examinations, as such in this background, the petitioners claim that opportunity should also be given to them to appear in the examination U.P. TET-I/II-2011, with this request present writ petition has been filed.
Sri R.B. Singhal, Senior Advocate, assisted by Sri Bimlesh Chandra Tripathi, Advocate, contended with vehemence that in the present case petitioners have already undertaken their written examination, as such by no stretch of imagination they should be treated as ineligible for appearing in TET qualifying examinations, and liberal view ought to have been taken in the matter, as such writ petition deserves to be allowed.
Countering the said submissions, learned standing counsel, on the other hand, has contended that relief as has been prayed for cannot be accorded on its face value, as by the last date fixed, the petitioners do not fulfill the requisite minimum eligibility criteria, and once result has not been declared, they cannot be treated as eligible, as such writ petition deserves to be dismissed.
After respective arguments have been advanced, the factual situation, on which there is no dispute is that in exercise of authority conferred under sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 and in pursuance of the Notification dated 31.03.2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council of Teachers Education has laid down minimum qualification for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 with effect from the date of notification i.e. 23.08.2010. Said Notification in question has been appended as Annexure-1 to the writ petition, and clause 1 of the same deals with the minimum qualification. Sub-clause (I) is in relation to class I to V and sub-clause (2) is in relation to class VI to VIII. Clause 2 deals with Diploma/Degree Course in Teacher Education and clause 3 provides as follows:
"3. Training to be undergone: A person -
(a) with B.A./B. Sc. With at least 50% marks and B. Ed. Qualification shall also be eligible for appointment for class I to V up to 1st January, 2012, provided he undergoes, after appointment, an NCTE recognized 6 month special programme in Elementary Education.
(b) with D. Ed. (Special Education) of B. Ed. (special examination) qualification shall under after appointment, an NCTE recognized 6 month special programme in Elementary Education."

A perusal of clause 3 (a) would go to show that a person with B.A./B. Sc. with at least 50% marks and B. Ed. Qualification shall also be eligible for appointment for class I to V up to 1st January, 2012, provided he undergoes, after appointment, an NCTE recognized 6 month special programme in Elementary Education, and further in clause 3 (b) it has been provided that a person with D. Ed. (Special Education) of B. Ed. (special examination) qualification shall under after appointment, an NCTE recognized 6 month special programme in Elementary Education. Pursuant to this notification, the State Government in its wisdom has chosen to formulate scheme and in pursuance thereto advertisement in question has been issued providing therein the date for obtaining the examination forms as 26.09.2011 and the last date for submission of the application (A) and thereafter examination is to take place on 13.11.2011 preliminary stage Class I to Class V from 10.30. to 12.00 A.M. and for Class VI to Class VIII from 2.00 to 3.30 P.M. On 13.11.2011, and the last date for reaching the application form is 18.10.2011 by 5.00 P.M. Cut of date has been fixed in the advertisement for filling up of application form. For filling of application form advertisement nowhere provides that those candidates who have undertaken B. Ed. Examinations, and whose results have not been declared, are entitled to appear and undertake the said qualifying examination. Important note at page 40 of the paper book clearly proceeds to mention that on the basis of eligibility criteria provided on 24.09.2011 a candidate would move application form. The advertisement has not made any provision for undertaking the examination on provisional basis, then this Court cannot issue directive to entertain the candidatures of the petitioners, who are before this Court on provisional basis, inasmuch as once last date has been prescribed for filling up of application form, then the candidate has to fulfill the minimum eligibility criteria on the said last cut of date. Since in the present case till the last date result of B. Ed examinations has not been declared, and even as per the petitioners there is no chance of result being declared before the last date, then this Court cannot issue directives to permit the petitioners to undertake the qualifying TET examination-2011 on provisional basis, as it would be against the policy decision taken by the State Government. Law on the subject is clear that suitability and eligibility has to be considered with reference to the last date for receiving the application, unless the notification calling for application itself specifies such a date. See Dr.M.V. Nair vs. Union of India, 1993 (2) SCC 429 and U.P. Public Service Commission vs. Alpana, 1994 (2) SCC 723.
Consequently, writ petition, as has been framed and drawn is dismissed.
After the aforesaid order has been passed, Sri R. B. Singhal, Senior Advocate, has placed reliance on newspaper report down loaded from Internet that the State Government has resolve to permit such students like petitioners on provisional basis. As far as State Government is concerned, in exercise of powers vested in it on the basis of material before it, can issue such directives. In case the State Government has taken policy decision to permit those who have undertaken B. Ed. Examinations but their result has not been declared, then this order of the Court will not come in the way of the petitioners.
11.10.2011
SRY.
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HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7

Case :- WRIT - A No. - 74713 of 2011

Petitioner :- Pushp Lata Singh
Respondent :- State Of U.P. And Anr.
Petitioner Counsel :- Rakesh Prasad
Respondent Counsel :- C.S.C.

Hon'ble Dilip Gupta,J.
The petitioner had submitted an application for appointment on the post of Assistant Teacher in Primary School after having cleared the U.P. Teachers Eligibility Test pursuant to the advertisement issued by the U.P. Basic Shiksha Parishad, Allahabad.
It is stated by learned counsel for the petitioner that the petitioner cannot submit the application form as she does not have the B.Ed. Degree.
The petitioner has not enclosed the advertisement nor she submitted the application form.
The petition is premature as the last date for submission of the application form is stated to be 9th January, 2012.
The petition is, accordingly, dismissed.
Order Date :- 22.12.2011
NSC

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HIGH COURT OF JUDICATURE AT ALLAHABAD AFR
Judgment reserved on 8th November, 2011
Judgment delivered on 11th November, 2011
Court No.33

Civil Misc. Writ Petition No.58165 of 2011
Abhishek Kumar Pandey & Ors. Vs. State of U.P. & Ors.
~~~~~~~

WITH

Writ Petition Nos. 57701 of 2011, 59246 of 2011, 59714 of 2011, 59731 of 2011, 62235 of 2011, 59686 of 2011, 63246 of 2011, 62669 of 2011, 63340 of 2011, 58920 of 2011, 59752 of 2011, 61298 of 2011, 60181 of 2011, 58170 of 2011, 59106 of 2011

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Hon'ble Dilip Gupta, J.

The petitioners, who possess Bachelor of Physical Education Degree (hereinafter referred to as the ''B.P.Ed') or the Diploma in Physical Education (hereinafter referred to as the ''D.P.Ed') have filed these petitions for quashing the Notification dated 23rd August, 2010 issued by the National Council for Teacher Education (hereinafter referred to as the ''NCTE') which lays down the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII. The petitioner have also sought the quashing of the advertisement dated 22nd September, 2011 issued by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad (hereinafter referred to as the 'Intermediate Education Board') which has been authorised to hold the Teachers' Eligibility Test (hereinafter referred to as the 'TET') to the extent it does not permit the candidates who possess B.P.Ed./D.P.Ed. from appearing at the said test.
It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the Notification dated 31st March, 2010 issued by the Government of India, the NCTE issued the Notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Intermediate Education Board, which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons with B.P.Ed./D.P.Ed. have not been included. They cannot, therefore, appear in the test. It is, therefore, asserted that the petitioners, who have obtained B.P.Ed./D.P.Ed., stand excluded from appointment in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment. In this connection, it is further stated that physical education and games are essential requirements for students and even the State Government recognised this aspect when it issued the Government Order dated 5th April, 2004 by which Physical Education and Sports was made a compulsory subject in the State. Thus, in order to give effect to the aforesaid requirement, it was necessary for the State to have created posts of teachers in Physical Education and Sports in the Schools but the order dated 5th April, 2004 permits appointment of a sports teacher from amongst the teaching staff of the School after he is given the required training.
It is submitted by Sri Ashok Khare, learned Senior Counsel appearing for the petitioners that the Notification dated 23rd August, 2010 provides for minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII and passing TET is considered to be an essential requirement but in respect of teachers for physical education, such requirement has been waived under Clause 5(b) of the Notification dated 23rd August, 2010 as amended by the Notification dated 29th July, 2011 and it is provided that the minimum qualification norms for physical education teachers shall be such as provided in National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulation, 2001 (hereinafter referred to as the ''2001 NCTE Regulations') as amended from time to time. It is his submission that when under the aforesaid 2001 NCTE Regulations, it is provided that for recruitment of teachers of physical education, the minimum academic and professional qualification for elementary schools shall be Senior Secondary School Certificate or Intermediate or its equivalent and Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent, it was incumbent upon the State to have created posts of physical education in the Schools so that the teachers with such qualifications could be appointed but the Government Order dated 5th April, 2004 permits appointment of sports teacher from amongst the teaching staff of the school after he is given training for a certain period. It is also his contention that persons possessing B.P.Ed./D.P.Ed. should be permitted to appear at the forthcoming UP-TET to be held on 13th November, 2011 so that they can be considered for appointment as teachers.
Sri K.S. Kushwaha, learned Standing Counsel appearing for the State and the Intermediate Education Board and Sri R.A. Akhtar and Sri Rajiv Joshi, learned counsel appearing for the NCTE have contended that the reliefs claimed in these petitions cannot be granted to the petitioners. It is their submission that in terms of paragraph 5(b) of the Notification dated 23rd August, 2010, the petitioners are not required to appear at the UP-TET and for them the 2001 NCTE Regulations shall apply which prescribe the minimum academic qualification as Senior Secondary School Certificate or Intermediate and Certificate of Physical Education (C.P.Ed.) or its equivalent. It is also pointed out by Sri K.S. Kushwaha that in the Schools run by the Basic Education Board or recognised by the Basic Education Board, post of teacher in physical education has not been created in the State. In this connection he has also placed Regulation I of Chapter II of the U.P. Intermediate Education Act, 1921 which provides that B.P. Ed. Degree holders are eligible for appointment on the post of Assistant Teacher (Physical Education) in Intermediate Colleges (Class XI to XII) and has, therefore, submitted that the petitioners can be considered for appointment on this post. It is also his submission that it is for this reason that Rule 8 of the U.P. Basic Education (Teachers) Service Rules, 1981 and Rules 4 and 5 of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Condition of Service of Teachers) Rules, 1978 do not provide for qualification for the said post of Assistant Teacher in Physical Education in elementary schools. It is also his contention that the petitioners have not assailed the 2001 NCTE Regulations and, therefore, the writ petitions challenging the consequential Notification dated 23rd August, 2010 and the advertisement dated 22nd September, 2011 is not maintainable in view of the decision of the Supreme Court in Edukanti Kistamma (Dead) through LRs. & Ors. Vs. S. Venkatareddy (Dead) through LRs. & Ors., (2010) 1 SCC 756.
I have considered the submissions advanced by the learned counsel for the parties.
The petitioners, who claim to be B.P.Ed./D.P.Ed., are desirous of appearing at the UP-TET conducted by the Intermediate Education Board so that they possess the minimum qualification for a person to be considered eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act.
In order to appreciate the controversy involved in these petitions, it will be necessary to refer to various provisions of the Act and the Notifications.
Section 23(1) of the Act deals with the qualification for appointment and terms and conditions of service of teachers and is as follows:-
"23. Qualification for appointment and terms and conditions of service of teachers.--(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher."

Elementary Education has been defined under Section 2(f) of the Act while a School has been defined under Section 2(n) of the Act and the definitions are as follows:-
"2(f). "elementary education" means the education from first class to eight class;"
................
(n) "school" means any recognised school imparting elementary education and includes--

(i) a school established owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local
authority;

(iii) a school belonging to specified
category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"

The Central Government, by means of the Notification dated 31st March, 2010 which was published in the Official Gazette dated 5th April, 2010, has authorised the NCTE as the ''academic authority' to prescribe the minimum qualifications which notification is as follows:-
"NOTIFICATION
New Delhi, the 31st March, 2010

S.O. 750(E).--In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher."

The NCTE, accordingly, issued the Notification dated 23rd August, 2010 which was published in the Gazette of India dated 25th August, 2010. The said Notification lays down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act with effect from the date of the notification. However, another Notification dated 29th July, 2011 was published in the Gazette of India dated 2nd August, 2011. This Notification made certain amendments to the Notification dated 23rd August, 2010 published in the Gazette of India dated 25th August, 2010. The minimum qualifications prescribed in the Notification after the amendment for a person to be considered eligible for appointment as a teacher are as follows:-
1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education).

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed)
OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed. or B.A. Ed./B.Sc. Ed.
OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purprose of this Notification, a diploma/degree course in teacher education recognised by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognised by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person -

(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment for Class I to V upto 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,

(a) A teacher appointed on or after the 3rd September, 2001, i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in School) Regulation, 2001 (as amended from time to time) came into force, in accordance with that Regulation.

Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognised 6-month special programme on elementary education.

(b) A teacher of class I to V with B.Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;

(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5.(a) Teacher appointed after the date of this notification in certain cases: Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.

It is stated by learned counsel for the NCTE that 3rd November, 2001 in paragraph 5(b) of the said notification had been wrongly mentioned and the date should be 3rd September, 2001.
It is, therefore, clear that in respect of teachers for physical education, the minimum qualification norms which will be applicable are the 2001 NCTE Regulations dated 3rd September, 2001. These Regulations do not provide for clearing the TET. In fact for elementary schools, all that is provided is that the persons should have the minimum academic and professional qualification as Senior Secondary School Certificate or Intermediate or its equivalent and Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent. It is, however, stated by Sri Kushwaha, learned counsel appearing for the State that Certificate of C.P.Ed. is not being awarded in the State after 1997.
According to Sri Kushwaha, learned Standing Counsel appearing for the State and the Board, not a single post of Assistant Teacher (Physical Education) has been created in the Basic Education Department till date and it is for this reason that 1981 Rules or 1978 Rules do not provide for the qualification of the said post of Assistant Teacher (Physical Education). The petitioners, at best, can be considered for appointment in Intermediate Colleges as they claim to be possessing graduation degree with Bachelor of Physical Education (B.P.Ed.) Degree.
The relief claimed in these petitions is to quash the Notification dated 23rd August, 2010 and suitably amend the advertisement so as to permit the petitioners to appear at the forthcoming UP-TET to be held on 13th November, 2011. There is no submission that paragraph 5(b) of the notification is bad in law or that the NCTE was not competent to provide the minimum qualifications. As noticed hereinabove, Section 23(1) of the Act confers powers on the academic authority authorised by the Central Government to prescribe the minimum qualification for a person to be eligible for appointment as a teacher and the Central Government has by the Notification dated 31st March, 2010 authorised the NCTE to lay down the minimum qualifications. The NCTE has, accordingly, issued the Notifications dated 23rd August, 2011 and 29th July, 2011 and under paragraph 5(b), the minimum qualifications for Physical Education Teachers are the qualifications contained in 2001 NCTE Regulations. These Regulations do not provide for holding a TET. There is no challenge to the 2001 NCTE Regulations. In such circumstances, the relief claimed for by the petitioners for permitting them to appear at the UP-TET so that they can be considered for appointment cannot be granted. The petitioners cannot, accordingly, be permitted to assail the advertisement to the extent it does not permit them from appearing at the UP-TET.
The NCTE 2001 Regulations may provide for the minimum qualifications for teachers in elementary schools as the post of Physical Education Teacher may be existing in other States but merely because such minimum qualifications have been prescribed by the NCTE does not mean that it is obligatory for the State to create posts of Assistant Teachers (Physical Education) in the Schools run by the Basic Education Board or recognised by the Basic Education Board. The State may have realised the importance of physical education and for that purpose has made it a compulsory subject in Classes I to VIII but as pointed out by Sri K.S. Kushwaha, such training is imparted to candidates undergoing the BTC Training Course so that when they are appointed to teach other subjects, they can also teach this compulsory subject for which the only requirement is to pass and the marks are not added to the final result.
This apart, a direction cannot be issued to the respondents to create posts of Assistant Teachers (Physical Education) in elementary schools run by the Basic Education Board or recgonised by the Basic Education Board so that the petitioners can be considered for appointment. There is no categorical averment in the petitions that the post of Assistant Teacher (Physical Education) in elementary school exists in the other two categories of Institutions referred to in Section 2(n) of the Act.
The petitioners are, therefore, not entitled to any relief.
The writ petitions are, accordingly, dismissed.
Date: 11.11.2011
GS

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HIGH COURT OF JUDICATURE AT ALLAHABAD AFR
Judgment reserved on 8th November, 2011
Judgment delivered on 11th November, 2011
Court No.33

Civil Misc. Writ Petition No. 59566 of 2011
Mithai Lal & Ors.,
Vs.
State of U.P. & Ors.
******
Hon. Dilip Gupta, J.

The petitioners, who have obtained the B.Ed. two years Degree by Distance Mode from U.P. Rajshree Tandon Open University have filed this petition for a direction upon the respondents to consider it as a valid qualification for appearing at the U.P. Teachers Eligibility Test (hereinafter referred to as the 'U.P.-TET') scheduled to commence from 13th November, 2011.
It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the notification dated 31st March, 2010 issued by the Government of India, the National Council for Teachers Education (hereinafter referred to as the 'NCTE') issued the notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Board of High School and Intermediate Education (hereinafter referred to as the 'Intermediate Education Board'), which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons who have obtained B.Ed. Degree in two years by distance mode have not been permitted to appear in the test. It is, therefore, asserted that the petitioners, who have obtained B.Ed. Degree in two years through Distance Mode stand excluded from appointment as teachers in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment.
It is contended by Sri Shashi Nandan, learned Senior Counsel for the petitioners that notification dated 23rd August, 2010 issued by the NCTE under Section 23(1) of the Act regarding minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII so far as it restricts candidates obtaining B.Ed. Degree in one year should be modified to include candidates who have obtained B.Ed. Degree by distance mode in two years as such candidates are at parity with the candidates obtaining B.Ed. Degree in one year in view of the decision of the Division Bench of the Court in Special Appeal No.1271 of 2007 (Gyanendra Kumar Sharma & 49 others Vs. State of U.P. & Ors.) decided on 3rd October, 2007. He, therefore, submits that the petitioners, who have obtained the B.Ed. Degree by distance mode in two years, should also be considered eligible under the advertisement dated 22nd September, 2011 issued by the Intermediate Education Board.
Sri R.A. Akhtar, learned counsel appearing for the NCTE has pointed out that the B.Ed. Distance Mode Program is offered by a University recognised by NCTE for working Teachers possessing minimum two years teaching experience and, therefore, a person who is already appointed as a teacher is not required to undertake TET and it is for this reason that the B.Ed. Degree of two years obtained by Distance Mode has not been included in the notification. He has stated that he has made this submission on the basis of the instructions sent to him by the NCTE on 26th July, 2011.
I have considered the submissions advanced by the learned counsel for the parties.
The petitioners, who claim to be possessing B.Ed. degree obtained in two years through Distance Mode are desirous of appearing at the UP-TET conducted by the Intermediate Education Board so that they can possess the minimum qualification for a person to be considered eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act.
In order to appreciate the controversy involved in these petitions, it will be necessary to refer to various provisions of the Act and the relevant Regulations and Notifications.
Section 23(1) of the Act deals with the qualification for appointment and terms and conditions of service of teachers and is as follows:-
"23. Qualification for appointment and terms and conditions of service of teachers.--(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher."

Elementary Education has been defined under Section 2(f) of the Act while a School has been defined under Section 2(n) of the Act and the definitions are as follows:-
"2(f). "elementary education" means the education from first class to eight class;"
................
(n) "school" means any recognised school imparting elementary education and includes--

(i) a school established owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local
authority;

(iii) a school belonging to specified
category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"

The Central Government, by means of the notification dated 31st March, 2010 published in the Official Gazette dated 5th April, 2010, has authorised the NCTE as the ''academic authority' to prescribe the minimum qualifications which notification is as follows:-
"NOTIFICATION
New Delhi, the 31st March, 2010

S.O. 750(E).--In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher."

The NCTE, accordingly, issued the notification dated 23rd August, 2010 which was published in the Gazette of India dated 25th August, 2010. The said notification lays down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act with effect from the date of the notification. However, another notification dated 29th July, 2011 was published in the Gazette of India dated 2nd August, 2011. This notification made certain amendments to the notification dated 23rd August, 2010 published in the Gazette of India dated 25th August, 2010. The minimum qualifications prescribed in the notification after the amendment for a person to be eligible for appointment of a teacher are as follows:-
1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education).

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed)
OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed. or B.A. Ed./B.Sc. Ed.
OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purprose of this Notification, a diploma/degree course in teacher education recognised by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognised by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person -

(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment for Class I to V upto 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,

(a) A teacher appointed on or after the 3rd September, 2001, i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in School) Regulation, 2001 (as amended from time to time) came into force, in accordance with that Regulation.

Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognised 6-month special programme on elementary education.

(b) A teacher of class I to V with B.Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;
(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5.(a) Teacher appointed after the date of this notification in certain cases: Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.

It is stated by learned counsel for the NCTE that 3rd November, 2001 in paragraph 5(b) of the said notification had been wrongly mentioned and the date should be 3rd September, 2001.
It is, therefore, clear that it is only those candidates who have obtained the B.Ed. Degree in one year who can be considered eligible under the notification and, therefore, can appear at the U.P.-TET.
It is pointed out by Sri R.A. Akhtar, learned counsel for NCTE that persons who obtain the B.Ed. Degree in two years by distance mode have at least two years teaching experience and, therefore, it is not necessary for them to appear at the U.P.-TET.
In this connection it will also be pertinent to refer to the Norms and Standard for Diploma in Elementary Education Programme through Open and Distance Learning Mode leading to Diploma in Elementary Education contained in Appendix-9 to the National Council for Teachers Education (Recognition, Norms and Procedure) Regulation, 2009 (hereinafter referred to as the '2009-Regulation'). The eligibility for admission to such course is Senior Secondary with 50% marks and two years teaching experience in a Government or Government aided Primary/Elementary School.
Clauses 1 to 5 of Appendix-9 to the 2009-Regulations are relevant for the purposes of the controversy and are reproduced below:-
"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.).
1.Preamble.- (i) The elementary teacher education programme through Open and Distance Learning System is intended primarily for upgrading the professional competence of working teachers in the elementary schools (primary and upper primary/middle). It also envisages bringing into its fold those teachers who have entered the profession without formal teacher training.
(ii) The NCTE accepts open and distance learning (ODL) system as a useful and viable mode for the training of teachers presently serving in the elementary schools. This mode is useful for providing additional education support to the teachers and several other educational functionaries working in the school system.
2. Condition of offering the course.- 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 the Central or State Universities shall be eligible to offer teacher education programmes (The Deemed to be Universities, Agricultural or Technical Universities, which specialize in a field other than teacher education and other discipline specific Universities/Institutions are not eligible to offer teacher education programme through ODL).
3. Territorial Jurisdiction.- The University offering teacher education programme through ODL will have territorial jurisdiction as defined in the Act of the University. The Study Centres of the University shall also be located in the territorial jurisdiction of the University.
4. Duration.- The duration of the programme shall be of two academic sessions/years (four semesters). The commencement and completion of the programme shall be so regulated that two long spells of vacation (summer/winter/staggered) are available to the learners for guided/supervised instruction and fact to face contact sessions. Sandwitching the programme between two summer vacations will be an ideal proposition.
5. Intake, Eligibility and Admission Procedure.
(1). Intake.- The basic unit of intake for the D.El.Ed. programme, shall be five hundred students subject to the condition that one Study Centre shall enroll not more than one hundred students in a given session. The request for additional unit in any programme shall be examined by the NCTE on the basis of the availability of required facilities in respect of study centres and related support in the territorial jurisdiction of the university.
(2) Eligibility.-
(i)Senior Secondary (Class XII) or equivalent examination passed with fifty percent marks.
(ii)Two years teaching experience in a Government or Government recognized primary/elementary school.
(3) Admission Procedure.
(i)The State Government shall develop a suitable procedure for the selection of candidates.
(ii)The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable. There shall be a relaxation of five percent marks in favour of SC/ST/OBC and other categories of candidates."

It is true that in Special Appeal No.1271 of 2007 (Gyanendra Kumar Sharma & 49 others Vs. State of U.P. & Ors.) the candidates who had obtained two years B.Ed. Degree through Distance Mode were also permitted to seek admission in the Special B.T.C. Course but in the present case, it has been pointed out by the NCTE that only such candidates are permitted to take admission in B.Ed. two years course by Distance Mode who have at least 2 years teaching experience and a person who has already appointed is not required to undertake the U.P-TET.
It is, therefore, clear that the candidates who have to their credit at least two years teaching experience in a government or government recognized Primary Elementary Schools are granted admission to the aforesaid two years course by Distance Mode. Persons who have been appointed as teachers are not required to under take the U.P.-TET under the notification dated 23rd August, 2010.
In such circumstances, the relief claimed cannot be granted to the petitioners.
The petition is, accordingly, dismissed.
Date: 11.11.2011
NSC
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HIGH COURT OF JUDICATURE AT ALLAHABAD AFR
Judgment reserved on 8th November, 2011
Judgment delivered on 11th November, 2011
Court No.33

Civil Misc. Writ Petition No. 58884 of 2011
Kamal Kishore Pal
Vs.
State of U.P. & Ors.
******
Hon. Dilip Gupta, J.

The petitioner, who has obtained the Diploma in L.T. from the Departmental Examination U.P. in the year 1996, has filed this petition for a direction upon the respondents to consider it as a valid qualification for appearing at the U.P. Teachers Eligibility Test (hereinafter referred to as the 'U.P.-TET') scheduled to commence from 13th November, 2011.
It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the notification dated 31st March, 2010 issued by the Government of India, the National Council for Teachers Education (hereinafter referred to as the 'NCTE') issued the notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Board of High School and Intermediate Education (hereinafter referred to as the 'Intermediate Education Board'), which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons who have obtained Diploma in L.T. have not been permitted to appear in the test. It is, therefore, asserted that the petitioner, who has obtained Diploma in L.T. stands excluded from appointment as a teacher in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment.
It is contended by learned counsel for the petitioner that notification dated 23rd August, 2010 issued by the NCTE under Section 23(1) of the Act regarding minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII so far as it restricts candidates obtaining B.Ed. Degree in one year/Two years Diploma in Elementary Education/Diploma in Education (Special Education)/Four Years Bachelor of Elementary Education, should be modified to include candidates who have obtained Diploma in L.T. as such candidates are at parity with the candidates obtaining B.Ed. Degree in one year. He, therefore, submits that the petitioner, who has obtained the Diploma in L.T. should also be considered eligible under the advertisement dated 22nd September, 2011 issued by the Intermediate Education Board.
Sri K.S. Kushwaha, learned Standing Counsel and Sri R.A. Akhtar, learned counsel appearing for the NCTE have pointed out that Diploma in L.T. Is not the qualification prescribed under the notification dated 23rd August, 2010 for appointment as a teacher in the School and, therefore, the petitioner cannot be permitted to appear at the U.P-TET.
I have considered the submissions advanced by the learned counsel for the parties.
The petitioner, who claims to be possessing Diploma in L.T. Is desirous of appearing at the UP-TET conducted by the Intermediate Education Board so that he can possess the minimum qualification for a person to be considered eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act.
In order to appreciate the controversy involved in this petition, it will be necessary to refer to various provisions of the Act and the relevant Regulations and Notifications.
Section 23(1) of the Act deals with the qualification for appointment and terms and conditions of service of teachers and is as follows:-
"23. Qualification for appointment and terms and conditions of service of teachers.--(1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher."

Elementary Education has been defined under Section 2(f) of the Act while a School has been defined under Section 2(n) of the Act and the definitions are as follows:-
"2(f). "elementary education" means the education from first class to eight class;"
................
(n) "school" means any recognised school imparting elementary education and includes--

(i) a school established owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local
authority;

(iii) a school belonging to specified
category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;"

The Central Government, by means of the notification dated 31st March, 2010 published in the Official Gazette dated 5th April, 2010, has authorised the NCTE as the ''academic authority' to prescribe the minimum qualifications which notification is as follows:-
"NOTIFICATION
New Delhi, the 31st March, 2010

S.O. 750(E).--In exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government hereby authorises the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher."
The NCTE, accordingly, issued the notification dated 23rd August, 2010 which was published in the Gazette of India dated 25th August, 2010. The said notification lays down the minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII in a school referred to in Section 2(n) of the Act with effect from the date of the notification. However, another notification dated 29th July, 2011 was published in the Gazette of India dated 2nd August, 2011. This notification made certain amendments to the notification dated 23rd August, 2010 published in the Gazette of India dated 25th August, 2010. The minimum qualifications prescribed in the notification after the amendment for a person to be eligible for appointment of a teacher are as follows:-
1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known).
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education).

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed)
OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed. or B.A. Ed./B.Sc. Ed.
OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purprose of this Notification, a diploma/degree course in teacher education recognised by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognised by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person -

(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment for Class I to V upto 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognised 6-month Special Programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,

(a) A teacher appointed on or after the 3rd September, 2001, i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in School) Regulation, 2001 (as amended from time to time) came into force, in accordance with that Regulation.

Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognised 6-month special programme on elementary education.

(b) A teacher of class I to V with B.Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;
(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5.(a) Teacher appointed after the date of this notification in certain cases: Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b) The minimum qualification norms referred to in this notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.

It is stated by learned counsel for the NCTE that 3rd November, 2001 in paragraph 5(b) of the said notification had been wrongly mentioned and the date should be 3rd September, 2001.
It is, therefore, clear that it is only those candidates who have obtained the B.Ed. Degree in one year/Two years Diploma in Elementary Education/Diploma in Education (Special Education)/Four Years Bachelor of Elementary Education, who can be considered eligible under the notification and, therefore, can appear at the U.P.-TET.
It is pointed out by learned counsel for the respondents that persons who obtain the Diploma in L.T. are not eligible for appointment as Assistant Teacher in the School and, therefore, it is not necessary for them to appear at the U.P.-TET. The contention of the petitioner that Diploma in L.T. should be treated at par with the B.Ed. Degree of one year cannot be accepted.
Such being the position, the petitioner is not eligible to appear at the U.P.-TET examination scheduled to commence from 13th November, 2011.
The petition is, accordingly, dismissed.
Date: 11.11.2011
NSC
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HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 18498 of 2011
Petitioner :- Sachin Rana And Anr.
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Ram Raj Pandey
Respondent Counsel :- Govt. Advocate
Connected with
Case :- CRIMINAL MISC. WRIT PETITION NO. 18572 of 2011
Petitioner: Nirbhay Singh
Respondent: State of UP and others
Petitioner Counsel : Rajeev Chaddha
Respondent Counsel: Govt Advocate

Hon'ble Amar Saran,J.
Hon'ble Kalimullah Khan,J.
Heard Shri D.R. Chaudhary, learned Government Advocate assisted by Shri Vimlendu Tripathi, learned Additional Government Advocate.
This order will apply to all the connected writ petitions. However, the present Writ petition No. 18498/2011 (District Baghpat) preferred by Sachin Rana and others and Criminal Misc. Writ Petition No. 18572 of 2011, (District Ghaziabad) preferred by Nirbhay Singh shall be treated as the leading petitions.
This case relates to the scam of obtaining fake mark sheets from the Madhyamik Shiksha Mandal, Bhopal and the Sampurnanand Sanskrit University, Varanasi for the purpose of getting admission in B.T.C. courses for securing government jobs of primary school teachers.
Pursuant to our earlier order dated 11.10.2011, affidavits of compliance dated 14.11.2011 have been filed on behalf of the Director General of Police , Headquarters, UP, Lucknow and on behalf of SHO Baraut, district Baghpat and affidavit dated 15.11.2011 filed on behalf of the State of UP and SHO, PS Hapur Nagar, district Ghaziabad in the two leading petitions.
Two investigating officers from the two districts, Baghpat (P.S. Baraut) and Ghazaibad (P.S. Hapur Nagar) are present. The Director, Basic Education, U.P. is also present in Court pursuant to the earlier order.
The affidavit of the Director General of Police, UP shows that a letter dated 2.11.2011 has been issued by the DGP directing the Inspector General of Police, Meerut Region, Meerut to ensure that strict and fair investigation be carried out in pursuance of the order of this Court dated 11.10.2011. Consequently, letters have been issued by the Inspector General of Police, Meerut Region, Meerut dated 2/3.11.2011 to the SP, Baghpat and the SP, Panchsheel Nagar for strict and fair investigation in the matter. The Director General, Public Grievance has also written a letter to the SSP, Ghaziabad to the same effect.
The affidavit of the Investigating officer, PS Baraut (Baghpat) shows that as per the list supplied by the Principal, DIET, forged certificates/ mark sheets of 18 candidates whose certificates were purportedly issued by the Madhyamik Shiksha Mandal, Bhopal and 59 candidates, whose certificates were purportedly issued by the Sampurnanand Sanskrit University, Varanasi, i.e a total of 77 mark sheets have been found to be forged.
The affidavit of SI of PS Hapur Nagar, district Ghaziabad shows that 49 cases have been registered at police station Hapur Nagar, district Ghaziabad, now district Panchsheel Nagar. Out of these 49 cases, 37 cases relate to forged and fabricated mark sheets issued by the Madhyamik Shiksha Mandal, Bhopal, whereas 12 cases pertain to forged and fabricated mark sheets issued by the Sampurnanand Sanskrit University, Varanasi. This affidavit further mentions that the CBCID is investigating the case against the employees of Sampurnanand Sanskrit University, Varanasi, namely Mihir Mishra, posted as Satyapan Sahayak and Vijay Shankar Shukla, Assistant Sub-Registrar (Examination) at case crime No. 69 of 2011, under sections 467, 468 and 471 IPC, PS Chetganj, district Varanasi for issuing fabricated and fake mark sheets. Investigation has been completed or is nearing completion in most of the cases and the charge sheets are ready.
We think that the magnitude of this problem as seen in the 49 cases relating to district Ghaziabad and 77 cases relating to district Baghpat (i.e. a total of 126 cases) suggests that the problem of getting admissions to BTC courses on the basis of forged and fabricated mark sheets has assumed the nature of a scam.
It has begun to appear to this Court that now it is becoming a rarity for candidates try to get admissions to BTC courses in a bona fide manner on the basis of genuine mark sheets, and that trying to get admission to BTC courses on the basis of forged and fabricated mark sheets seems to be looked upon as a very normal and legitimate activity. For this purpose the candidates actively collude with some employees of the Madhyamik Shiksha Mandal, Bhopal and Sampurnanand Sanskrit University, Varanasi.
The modus operandi of the dishonest officials at the Sampurnanand Sanskrit University, Varanasi and the Madhyamik Shiksha Mandal, Bhopal appears to be that they issue forged mark sheets by substituting the names of applicants who may be ingratiating or bribing them, which relate to roll numbers of other persons, who have actually written the examinations, and have obtained the marks shown. Thereafter the dishonest officials sitting in the Sampurnanand Sanskrit University, Varanasi and the Madhyamik Shiksha Mandal, Bhopal issue certificates certifying that the candidate concerned has actually written the examination and the certificate relates to him. This fact is usually verified by the corrupt officials at the desk at the Sampurnanand Sanskrit University, Varanasi and the Madhyamik Shiksha Mandal, Bhopa when the enquiry is initially made from them, and consequently the dishonest candidates have even succeeded in obtaining admission to the BTC course. Only when a verification was made from the Principals of the concerned colleges whether the named candidates had indeed written the examinations, it was found that the roll numbers on the mark sheets related to other persons and not the petitioners and the other accused at all.
The result is that deserving candidates, who may have qualified on merit loose out their right to admission to BTC courses and consequent employment opportunities to these fraudsters who are engaged in such grave frauds. The standard of teaching in primary education has accordingly declined. There is also great teacher absenteeism in primary schools because there is no honest commitment to their jobs of such teachers who obtain admission to BTC courses and thereafter secure teaching jobs in primary schools on the strength of forged degrees and certificates and consequent failure of teaching at the primary level which is the foundation for a child's education, with grave loss to the child, the society and the nation.
This Court will be failing in its duty if it does not recommend coming down with a heavy hand and taking strict action against the culprits engaged in manufacturing or using forged mark sheets for obtaining admissions to BTC courses.
We also anticipate that some middlemen may be involved, who do not appear to have been identified as yet probably because many orders staying arrests were obtained by candidates seeking admission to BTC courses, on the basis of forged and fabricated mark sheets, in these and connected writ petitions, hence the said candidates could not be interrogated to find out the names of the middlemen involved in promoting these malpractices. As the investigations of the cases against most of the writ petitioners appear to have been completed or are nearing completion, and the interrogation of the accused appears to be imperative for identifying these middle men and other accused who may be conspirators or actors of this larger conspiracy, the orders staying arrests in all the connections petitions are forthwith vacated.
As indicated above the CBCID is also investigating the matter relating to the officials of the Sampurnanand Sanskrit University, Varanasi, who are involved in this crime, we direct that the investigation in all these connected petitions whether they relate to Ghaziabad, Baghpat, Varanasi or any other district to be transferred to the same CB CID investigating agency so that the scam (and the various offenders involved therein) may be unearthed in its totality. Coercive measures may also be taken against the concerned candidates and officials of the Sampurnanand Sanskrit University, Varanasi and Madhyamik Shiksha Mandal, Bhopal, so that they may be interrogated and the middlemen involved in facilitating this offence may be identified.
We also direct that the investigation may be expeditiously concluded by the CB CID against all the accused persons preferably in a period of 3 months.
Here we would like to record our appreciation of the learned Government Advocate Sri D.R. Chaudhary and the AGA, Sri Vimalendu Tripathi, and for their positive suggestions in this non-adversarial litigation and support to the Court in its pious mission of tackling this grave menace of securing admissions to BTC courses by persons relying on forged mark sheets. He was readily agreeable and raised no objection to the investigation being conducted in its totality by the CB CID as directed by the Court.
Looking to the wide language of Article 226 of the Constitution we think that as substantial parts of the cause of action has arisen in the State of UP, where the candidates are applying for admission to the BTC course, there should be no impediment for this Court directing the CBCID to investigate the offences committed by the concerned officials of the Sampurnanand Sanskrit University, Varanasi and also by the concerned officials of the Madhyamik Shiksha Mandal, Bhopal, M.P.
But we make it clear that if we are not satisfied with the investigation by the CB CID, or the CB CID faces some impediment in investigating the matter against the accused and middle men (if any) connected with the Madhyamik Shiksha Mandal Bhopal who may also be involved in the crime., the Court may have no option but to transfer the entire investigation to the CBI on some future date.
In any case we are of the opinion that there is no impediment on the DGP or IG (Public Grievances), U.P. communicating with their counterparts in the State of M.P. for carrying out a joint investigation in this case and accordingly we issue a mandamus to the said authorities to comply with this direction. We also direct the Secretaries of Basic, Secondary or Higher Education, U.P., whatever may be applicable, to also communicate with their counterparts in M.P. for ensuring that this problem is jointly investigated and measures for checking the problem are put in place both in M.P and U.P.
We also think it advisable and accordingly direct the Sampurnanand Sanskrit University, Varanasi and the Madhyamik Shiksha Mandal, Bhopal and other examining/ certificate awarding bodies which conduct examinations or issue certificates relating to High School, Intermediate, Graduation and Post Graduation degrees to develop appropriate software for uploading information of the candidates who have actually written the examinations, their parentage and address, date of birth, the year of the examination, the centre from where the examination was written, division and marks obtained, and other relevant details on the website, so that imposters cannot claim to have acquired the said marks by falsely substituting themselves in place of the genuine students in the mark sheets relating to bona fide candidates in collusion with some dishonest examining/ certificate issuing body employees. If possible scanned or digital photographs of the candidates should also be placed on the website. We may mention that by this computerization process, it would be much easier to verify whether any wrong candidate has been able to secure admission to BTC courses or to have obtained job in the said sector on the basis of non-existent or forged mark sheet, which relates to another person.
We are pleased to note that the system of Teachers' Eligibility Test (TET) examination has been introduced as that will also check dishonest, unqualified candidates with forged degrees securing easy entry into teachers education courses and thereby securing teaching jobs.
Similar information regarding all the teaching and non-teaching employees of the Primary, Secondary and Higher Education sector along with photographs, if possible, containing the aforesaid data may also be uploaded on the website, so that unqualified persons working on these teaching jobs on the basis of forged degrees may be identified and removed from their jobs and criminally prosecuted.
Information regarding the different courses offered by the different institutions and their equivalence with other degrees should also be mentioned on the net.
The concerned secretaries and police heads must also take steps for checking other frauds such as the reported practice of transferred employees drawing salaries at the existing place whilst also drawing salaries at the transferred place of work, or another fraudulent person receiving the double salary at the new place of work in the name of the employee on the rolls, by placing information regarding the transfer of the employee on the net and taking other relevant measures and they shall also apprise the Court regarding these other frauds and scams in the education sector on the next date, so that appropriate directions may be issued.
We would like the concerned Education Secretary to take the aforesaid suggestions into consideration for issuing appropriate orders and apprise this Court by the next listing about the steps taken for carrying out the recommendations made hereinabove.
We would like to get a complete report from the investigating agency regarding the progress of investigation and whether the accused persons have been arrested and whether any additional accused persons, such as the middlemen, who have brought about a link between the candidates and the educational bodies, such as Sampurnanand Sanskrit University, Varanasi and the Madhyamik Shiksha Mandal, Bhopal or other bodies and the progress in submission of the charge sheets.
We would like the investigating officer of CB CID entrusted with the investigation as well as his supervisory superior officer of CBCID and also a senior person in the concerned department of Education to appear in this Court for reporting compliance and for informing this Court regarding the progress of investigation and also with regard to the steps taken for placing data on the web site, for improving inter-state co-ordination and carrying out other directions given in the present and earlier orders.
List this case on 16.1.2012 for submission of compliance/ progress reports as directed hereinabove. Orders staying arrests in these petitions as well as in all connected petitions are hereby vacated. On the next date the registry is directed to list these petitions as Criminal PILs.
Order Date :- 15.11.2011
Ishrat

List I : (Male candidates) SC		ST		OBC		Ex.S		UR		TOTAL
CUT-OFF MARKS (Paper-I + II)		60.75		60.75		77.25		60.75		115.25
CANDIDATES AVAIL.	15		14		53		05		26		113

Sarkari Damad Naukri /Vacancy/Post Result

Thursday, January 26, 2012

ESIC Delhi INTERVIEW FOR THE POST OF ASSOCIATE PROFESSORS FOR ESIC DENTAL COLLEGE, ROHINI, DELHI

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Wednesday, January 25, 2012

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Friday, January 20, 2012

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