The High Court held that B.Ed. qualified candidates holding recognized N.C.T.E. degrees are eligible to appear for T.E.T.-1 irrespective of marks in graduation. The Court directed the board to issue a corrigendum inviting applications from such candidates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.739 of 2013 (S/S)
Prakash Chandra Singh Danu … Petitioner Vs. State of Uttarakhand &others … Respondents AND Writ Petition No.41 of 2013 (S/S) Kala Bhatt & others … Petitioners Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.54 of 2013 (S/S) Rajesh Kumar Tiwari & others … Petitioners Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.63 of 2013 (S/S) Jaydev Majumdar & another … Petitioners Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.82 of 2013 (S/S) Prakash Singh & others … Petitioners Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.544 of 2013 (S/S) Naveen Kothari … Petitioner Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.587 of 2013 (S/S) Smt. Meena Kapil … Petitioner Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.601 of 2013 (S/S) Smt. Khila … Petitioner Vs. State of Uttarakhand & others … Respondents AND
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Writ Petition No.697 of 2013 (S/S)
Satendra Kumar … Petitioner Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.742 of 2013 (S/S) Mahendra singh Gusain & others … Petitioners Vs. State of Uttarakhand & others … Respondents
AND Writ Petition No.744 of 2013 (S/S)
Sarada Pant … Petitioner Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.800 of 2013 (S/S) Brijesh Kumar & another … Petitioners Vs. State of Uttarakhand & others … Respondents AND Writ Petition No.911 of 2013 (S/S)
Padam Ram … Petitioner Vs. State of Uttarakhand & others … Respondents
AND Writ Petition No.950 of 2013 (S/S)
Smt. Nisha Rani … Petitioner Vs. State of Uttarakhand & others … Respondents
Present :- Mr. Sanjay Bhatt, Mr. Sandeep Tiwari, Mr. Pankaj Sharma, Mr. Jagdish Singh Bisht, Mr. Dinesh Chauhan, Mr. G. C. Kandpal, Mr. Vinod Tiwari, Mr. B. S. Parihar, Mr. S. K. Mandal, Mr. Arvind Kumar Sharma, Mr. D. K. Joshi, Mrs. Vijay Lakshmi, Ms. Deepa Arya, Advocates for the petitioners.
Mr. Subhash Upadhayay, Standing Counsel for the State of Uttarakhand.
Mr. N. S. Negi, Mr. Manoj Sah, Mr. Asif Ali, Advocates for the Uttarakhand Board of School Education, Ramnagar. Mr. Rajesh Joshi, Advocate holding brief of Mr. T. A. Khan, Senior Advocate for National Council for Teachers’ Education.
Hon’ble Sudhanshu Dhulia, J. (Oral)
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aspirant to the post of Assistant Teacher in Primary School now has to qualify the above test i.e. T.E.T.-1 and in order to become the Assistant Teacher in Senior Primary School (Class VI to VIII), one has to qualify the test known as T.E.T.-2. After the Right to Education becoming a fundamental right under Article 21-A of the Constitution of India, the Parliament enacted a legislation known as “Right to Children to Free and Compulsory Education Act, 2009” (hereinafter referred to as the Act), which not only seeks to provide every child a right to elementary education, but a right to a “meaningful” elementary education. Under the Act, the qualifications were to be prescribed by a body which was to be designated by the Central Government which would then become a standard qualification for a teacher in an elementary school. These norms were applicable through out the country. Consequently, the body, who was entrusted to frame the qualifications under the Act, is the National Council for Teachers Education (hereinafter referred to as the N.C.T.E.). The N.C.T.E. vide its notification dated 23.08.2010, inter-alia, has prescribed certain minimum qualifications for the appointment of Assistant Teachers in primary school and in senior primary school. This notification divides the category of teachers as well as category of school in elementary education into two. First is from class I - class V, which is known as primary school and the second is class VI – VIII, which is known as senior primary school also known as junior high school, in the State of Uttarakhand. It prescribes minimum qualification for teachers as under :
“Minimum Qualifications:-
Classes I-V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 years Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2 years Diploma in Elementary Education (by whatever name known), in accordance with the
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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)
AND
(a) Pass in the Teacher Eligibility Text (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.
Classes VI-VIII
(a) B.A./B.Sc. and 2 year Diploma in Elementary Education (by whatever name known)
OR
B.A./B.Sc. with at least 50% 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 of Elementary Education (B.El.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
B.A./B.Sc. with at least 50% marks and 1 year B.Ed. (Special Education)
AND
(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.”
“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 upto 1st January, 2012,
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provided he undergoes, after appointment an NCTE recognized 6 months special programme in Elementary Education. With D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6 month special programme in Elementary Education.”
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them at that time did not require a minimum percentage of marks in graduation, this Court in Baldev Singh & others Vs. State of Uttarakhand 2011 (2) U.D. 575 allowed the writ petition of such petitioners to that extent and while considering the Full Bench decision of Allahabad High Court i.e. Bhupendra Nath Tripathi & others Vs. State of U.P. & others 2009 (1) UPLBEC 1 came to the conclusion that :-
“46. There is another aspect to the present issue which is that the condition of having a minimum percentage of marks in graduation for the B.Ed. qualified candidates has no reasonable nexus with the objects sought to be achieved! The object here is to provide qualified candidates as teachers in elementary school. The qualifications have already been set up i.e. B.T.C. or B.Ed., as the case might be. Thus creating two kinds of graduates with B.Ed. qualifications i.e. one have less than 50 per cent of marks and the other having more than 50 per cent marks is an unreasonable classification, which has no nexus with the objects sought to be achieved.”
3964 of 2011 Sushil Sompura and others Vs. State (Education) & others (though on the assurance of Counsel for the N.C.T.E.) had also allowed the B.Ed. candidates having less than 45% marks as eligible to appear in T.E.T. examination and came to the conclusion that the minimum percentage of marks fixed by the N.C.T.E. and the State Government is wholly arbitrary.
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(Sudhanshu Dhulia, J.)
Dated 25th July, 2013
Rawat
3 issues framed by the court
Whether B.Ed. candidates with less than 50% marks in graduation are eligible to appear in T.E.T. examination
Whether the Government should issue a corrigendum to invite applications from eligible B.Ed. candidates
Whether the relaxation granted to B.Ed. candidates extends to T.E.T.-2 as well
Colour shows how this judgement treated each authority
Baldev Singh & others Vs. State of Uttarakhand 2011 (2) U.D. 575Followed¶32
Bhupendra Nath Tripathi & others Vs. State of U.P. & others 2009 (1) UPLBEC 1Referred¶32
N.C.T.E. Vs. Baldev Singh & others (Special Appeal No.34 of 2012)Dissented from¶34
Sushil Sompura and others Vs. State (Education) & others Writ Petition No.3964 of 2011Referred¶35
Prakash Chandra Singh Danu
Kala Bhatt
Rajesh Kumar Tiwari
Jaydev Majumdar
Prakash Singh
Naveen Kothari
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sudhanshu Dhulia
Parties & counsel
