Special appeal against directing applicant to be ineligible for Headmistress post due to lack of Teachers Eligibility Test certificate. Court held资格证 mandatory under RTE Act 2009/Accepted override Rules 1978. Appeals dismissed despite being time-barred.
Maintained the impugned order disqualifying the appellant for appointment.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 435 of 2018
Appellant :- Chitra Sachan Respondent :- State Of U.P. And 3 Ors. Counsel for Appellant :- Yashwant Singh,Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 32 days. Ignoring the same, we have examined merits of the case.
This appeal is before us to examine correctness of the order dated 18.05.2018 passed by learned Single Bench in Writ-A No. 11789 of 2018.
By the order impugned, learned Single Bench while dismissing the petition for writ held that appellant-petitioner is not entitled to be considered for appointment as Headmistress as per provisions of Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "Rules, 1978") being not possessing Teachers Eligibility Test's certificate.
It is submitted by learned counsel for the appellant that requirement of having the certificate aforesaid is not prescribed under the Rules, 1978, therefore, merely by imposing a condition in Advertisement cannot be made an eligibility requisite.
We do not find any merit in the argument advanced.
At the first instance, we would like to state that as per Section 23(1) of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "Act, 2009"), every teacher appointed or in position as on 31st March, 2015, who does not
possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 (hereinafter referred to as "Act, 2017"). The Act, 2017 is having overriding effect to Rules, 1978. It is further pertinent to notice that an amendment was introduced in the Rules, 1978 under the Notification dated 05.12.2012 whereby too the requirement of having Teachers Eligibility Test's certificate has been made compulsory for appointment as Teacher.
In view of that, we do not find any merit in this appeal. No interference with the order passed by learned Single Bench is desirable.
The appeal is dismissed. Order Date :- 8.8.2018 Shubham
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
3 issues framed by the court
Whether the requirement of a Teachers Eligibility Test certificate imposed by advertisement overrides the 1978 Rules.
Whether Section 23(1) of the RTE Act, 2009 (as amended) mandates the certificate as a minimum qualification.
Whether the appeal challenging the disqualification is barred by limitation (32 days).
3 provisions across 3 enactments
Chitra Sachan
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
