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2016 DIGILAW 552 (UTT)

Poonamlata v. State of Uttarakhand

2016-09-07

SUDHANSHU DHULIA

body2016
JUDGMENT : Sudhanshu Dhulia, J. The petitioner applied for the post of Assistant Teacher-LT Grade (English) in a private intermediate college, namely, Janta Inter College, Parsundakhal (Padulsyun), Pauri Garhwal, which is under grant-in-aid of the State Government. 2. The case of the petitioner is that Janta Inter College, Parsundakhal (Padulsyun) had issued an advertisement dated 27.05.2012 for the post of Assistant Teacher LT Grade (English), for which she had applied and got selected and the Selection Committee thereafter sent recommendation in favour of the petitioner for appointment as Assistant Teacher LT Grade on 18.03.2013 but this approval was not granted. Hence, a writ of mandamus is being prayed directing the respondent authorities to give appointment to the petitioner on the post of Assistant Teacher LT Grade (English). 3. According to the State counsel, the approval could not be granted as the petitioner did not have one of the essential qualifications for appointment as Assistant Teacher LT Grade, which is that she had not qualified an essential test, which is known as Teachers Eligibility Test-II (from hereinafter referred to as “TET-II). 4. In the year 2009 the parliamentary legislation was enacted known as the Right of Children to Free and Compulsory Education Act, 2009. Under the said Act, now elementary education, which is from Class-I to Class-VIII, has become not only free and compulsory but also it has to be a meaningful education. Thereafter, there are various provisions in the Act such as the control of the quality of teachers, control of students - teachers ratio, etc. Under Section 23(1) of the Act, the Central Government has been empowered to notify the Academic Body, which will formulate the eligibility criteria for appointment of Teachers in elementary schools. This academic body known as National Council for Teachers Education (from hereinafter referred to as “NCTE”) initially vide notification dated 23.08.2010 passed a detail order giving qualifications of Teachers both at the elementary level i.e. Class I to Class V and senior elementary level i.e. Class VI to Class VIII. 5. For our purposes it is necessary to understand that it is this notification dated 23.08.2010 by which now it has been made mandatory that, inter alia, a teacher in an elementary school must qualify TET-I and for a senior elementary school a teacher must qualify TET-II. 5. For our purposes it is necessary to understand that it is this notification dated 23.08.2010 by which now it has been made mandatory that, inter alia, a teacher in an elementary school must qualify TET-I and for a senior elementary school a teacher must qualify TET-II. As far as primary education which is elementary education is concerned, which is from Class-I to Class-VIII, there is actually no confusion that such teachers must have a compulsory qualification known as TET-I. 6. There may be slight confusion as to senior elementary level for the reasons that in the State of Uttarakhand, Classes of VI, VII and VIII sometimes form part of elementary school, which is known as Junior High School and at times Classes VI, VII and VIII form part of a Higher Secondary school as an intermediate school (as in the present case). 7. There may be two situations. The first is where Class VI, VII and VIII in a school which is only a Junior High School i.e. which runs from Class I to Class VIII only the second situation would be that Classes VI, VII and VIII are in a school, which is part of a larger institution, which runs from Class VI to Class XII. In both cases, however, such teachers, who impart education to Classes VI, VII and VIII i.e. at senior elementary level must be qualified teachers as mandated by the notification dated 23.08.2010, where inter alia TET-II is a necessary qualification. 8. The State Government has also annexed a letter dated 10.04.2013, which is actually a part of the letter of the NCTE, which clarifies this position that such teachers who are imparting education to Classes VI, VII and VIII apart from taking classes of IX and X must have TET-II. This being the mandate of law, no concession can be given to the petitioner and denial of approval for appointment of the petitioner is perfectly justified as it is the view of this Court that the petitioner does not fulfill the minimum eligibility qualification for appointment as Assistant Teacher LT Grade. 9. The argument of the learned Senior Counsel for the petitioner, Mr. J.P. Joshi, is that vide notification dated 12.11.2014 the NCTE has fixed minimum qualification for different category of teachers, where Clause 4 says as under:- 4. 9. The argument of the learned Senior Counsel for the petitioner, Mr. J.P. Joshi, is that vide notification dated 12.11.2014 the NCTE has fixed minimum qualification for different category of teachers, where Clause 4 says as under:- 4. Secondary/High School (for Classes IX- X) (a) Graduate/Post Graduate from recognized University with at least 50% marks in either Graduation or Post Graduation (or is equivalent) and Bachelor of Education (B.Ed.) from National Council for Teachers Education recognized institution. Or (b) Graduate/Post Graduate from recognized University with at least 45% marks in either Graduation or Post Graduation (or its equivalent) and Bachelor of Education (B.Ed.) from National Council for Teacher Education recognized institution in accordance with the National Council for Teacher Education (From of application for recognition the time limit of submission of application determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations, 2002 notified on 13.11.2002 and National Council for Teacher Education (Recognition Norms and Procedure) Regulations 2007 notified on 10.12.2007) Or (c) 4 years degree of B.A.Ed./B.Sc.Ed. from any National Council for Teacher Education recognized institution. 10. The aforesaid notification and the qualification relied upon by the petitioner are of no help to the petitioner as it nowhere states that the teachers, who are imparting education to Classes VI to VIII will be exempted from TET – II. Such is in fact the mandate of law, as already stated above. 11. In view thereof, the writ petition fails and hereby dismissed.