Research › Search › Judgment

Himachal Pradesh High Court · body

2013 DIGILAW 501 (HP)

Pankaj Sharma v. State of Himachal Pradesh

2013-05-30

V.K.SHARMA

body2013
JUDGMENT V.K. Sharma, J. (Oral). The controversy between the parties, as involved in the present writ petition, lies within a narrow compass. The petitioner, who holds M.Com and M. Phil degrees in Commerce, was also pursuing Bachelor of Education (B.Ed.) course from Jammu University during 2011 session. He had appeared for his B.Ed. final exams in September, 2011, and his result was declared on 29th February, 2012, in which he was successful. In the meantime, Teacher Eligibility Test (TET) was conducted by respondent No. 3-Board on 5th February, 2012. The petitioner also took that test. At that time, no objection was raised by the said respondent with regard to the eligibility of the petitioner to take the TET. However, in reply to the writ petition, an objection has been raised that since on the day TET was held, that is, 5th February, 2012, the petitioner was not holding B.Ed. degree, he was not eligible for appearing in TET. However, as per the ‘eligibility condition No. 5 ii of the Guidelines for conducting Teacher Eligibility Test (TET) under the Right of Children to Free and Compulsory Education Act (RTE), 2009’ placed on record by the petitioner as Annexure P-4, which reads as under, the eligibility of the petitioner cannot be doubted as on 5th February, 2012, when TET was held he was pursuing B.Ed. course and had already taken the final examination in the said course in September, 2011, though it is another matter that the result was declared only on 29th February, 2012, a few days after he appeared in TET, but in any case before declaration of result of TET: “5 The following persons shall be eligible for appearing in the TET: i. ii. A person who is pursuing any of the teacher education courses (recognized by the NCTE or the RCI, as the case may be) specified in the NCTE Notification dated 23rd August 2010. 2.In view of the above, it is manifest that in view of eligibility condition No. 5 ii, referred to hereinabove, the petitioner was fully eligible for appearing in TET, as he was pursuing B.Ed. course at that time, as already noticed hereinabove. 2.In view of the above, it is manifest that in view of eligibility condition No. 5 ii, referred to hereinabove, the petitioner was fully eligible for appearing in TET, as he was pursuing B.Ed. course at that time, as already noticed hereinabove. Accordingly, the petition is allowed with a direction to respondent No. 3-Board to declare the result of the petitioner of TET by 15.06.2013 and issue the requisite certificate to him by 15.06.2013 as he has successfully qualified the said test, as is apparent from the photocopy of his marks certificate annexed with the reply filed on behalf of respondent No. 3-Board, which is at page 123 of the paper book.. 3.The petition, as also pending CMP(s), if any, stand disposed of in the above terms. Copy dasti.