Vivekanandrai Vivekanandrai > Mission 72825 Tetvo ki Nid 14 dino me hram kr do bhaiyo,,Aiye Tetuvo Ko Darsn krate Hai,,,Hm Logo Ke Bhgy Vidhata Tandan Ji Ke Order,,,,,Ye Kisi Case Me Order Diye Hai,,,Esme Saf Dikhega,Ki Tet Hai Kya? This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying). HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 1156 of 2013 Petitioner :- Yajuvendra Singh Chanddel And Another Respondent :- State Of U.P.And Others Petitioner Counsel :- Kshetresh Chandra Shukla Respondent Counsel :- C.S.C.,R.A.Akhter Honble Arun Tandon,J. A.F.R. Order Dated 16.01.2013 Court No. 38 Civil Misc. Writ Petition (Writ-A) No. 1156 of 2013 ? Yajuvendra Singh Chanddel and Another Vs. State of U.P. and Others. Civil Misc. Writ Petition (Writ-A) No. 66067 of 2012 ? Shailesh Mani Tripathi and Others Vs. State of U.P. and Another. Civil Misc. Writ Petition (Writ-A) No. 49509 of 2012 ? Rajpal Singh and Others Vs. State of U.P. And others. Civil Misc. Writ Petition (Writ-A) No. 67740 of 2012 ? Avaneesh Kumar Yadav and Others Vs. State of U.P. and Others. Honble Arun Tandon, J. Heard learned Counsel for the parties. The petitioners who are stated to have obtained B.Ed. Degree after graduation and have passed TET Examination, seek a writ of Mandamus directing the respondent authorities to provide weightage to the candidates with reference to the marks obtained in TET Examination in the matter of appointment as Trainee Teachers. The case of the petitioners is that under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the Central Government was conferred a power to authorize an authority for laying down the minimum qualification for appointment as teachers in the institutions where education imparted to children including institutions with Class 1 to 5. The Central Government in exercise of powers under Section 23 authorized National Counsel for Teachers Training (hereinafter referred to as the NCTE) to act as the relevant authority for laying down minimum qualification. The NCTE issued notification on 23rd August, 2010, laying down the minimum qualifications for appointment of teachers in institutions where education is imparted from Class 1 to 5 as also in institutions where education is imparted from Class 6 to 8. This case pertains to the first category of institutions and, therefore, facts pertaining to the first category alone are being stated. The notification dated 23rd August, 2010, provides academic qualification and passing of TET Examination as essential qualification. It has been clarified that TET Examination shall be the one which is held by the State Government as per the guidelines framed by the NCTE. According to the petitioner, guidelines for conducting TET Examinations have been provided under the letter of the Member Secretary, N.C.T.E. dated 11th February, 2011. Clause 9, provides for the minimum marks for qualifying TET Examination as 60%. Clause 9(b) provides that the State or the appointing authority may provide weightage as per the TET Score to the candidates in the recruitment process. It is further stated that the State Government has accepted the guidelines so framed by the NCTE as is apparent from its letter dated 7th September, 2011 and therefore, the State Government has to provide weightage with reference to the TET Score of the candidates. It is his case that the State Government, while publishing the advertisement for recruitment of Trainee Teachers, has completely ignored the Clause 9(b) of the guidelines, by not providing weightage to the TET Scores in the matter of selection of Trainee Teachers. Hence this petition. In order to appreciate the contentions raised on behalf of the petitioners, it is necessary for this Court to examine as to what exact power was conferred upon
Posted on: Thu, 27 Nov 2014 08:51:37 +0000
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