AMBESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner before this Court is an Assistant Teacher (Physical Education). He was appointed after facing a duly constituted selection committee in a grant -in -aid private school, namely, Janta Inter College Ramar Dang, District Pauri Garwhal. His claim before this Court in the present writ petition is that although he has been appointed, inter alia post of Assistant Teacher (Physical Education) was advertised by Management of Committee in the two newspapers and the petitioner participated in the selection process and thereafter he was recommended by the Selection Committee for the post of Assistant Teacher (Physical Education). In the Selection Committee there was a representative of District Education Officer as well. After the said recommendation, since the approval was not granted by the District Education Officer within two months, the approval was automatically deemed approved as provided under the provision contained in Rule 17 (g) of the School Education Act.

(2.) THE petitioner was issued an appointment letter on 15.05.2013 and he joined his duties on 22.05.2013. According to the petitioner he is duly discharging his duties in accordance with law, but he is not being getting his salaries since his joining i.e. 22.05.2013. The Management Committee has supported the case of the petitioner and admits that the petitioner is discharging his duties since 22.05.2013. Further the salary bills submitted by the Management Committee to the State Government have been returned, and therefore effectively the petitioner has not been paid salary for the last more than one year.

(3.) IN the counter affidavit filed on behalf of the State on 27.08.2013, the State Government has taken a stand that after the enforcement of Right to Education Act and the appointment of "National Council for Teacher Education" (hereinafter referred to as "NCTE") as a nodal agency to set up the guidelines and other requirements, including qualification for elementary school teachers, a notification dated 27.08.2010 was issued by the Government of India prescribing the qualification for teachers in elementary education and one of the essential qualification was that only such teachers will be eligible to teach in elementary schools, must have passed Teachers Eligibility Test (in short "TET"). Since, the school where the petitioner has been appointed is though an Intermediate School yet it also runs Class VI to Class VIII, which are senior elementary classes, therefore, one of the essential requirement in his case would also be that he must qualify the TET -II.