PRAVEEN KUMARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners are the B.T.C. trained candidates and they have challenged the order dated 4th March, 2014 passed by the Principal Secretary, Government of Uttarakhand, whereby ''Shiksha Mitras'' have been exempted from qualifying a test, which is known as ''Teachers Eligibility Test'', in other words such persons can be appointed as teachers in primary schools, even if they have not passed the Teachers Eligibility Test. The petitioners on the other hand have to qualify such test for being appointed as primary school teachers.

(2.) AFTER the Right to Elementary Education was included as a fundamental right in Part III of the Constitution of India as Article 21-A, the Parliament has enacted a legislation i.e. Right of Children to Free and Compulsory Education Act, 2009. In pursuance of the Act, a Government of India body i.e. National Council for Teacher Education was delegated with the authority to frame guidelines regarding the eligibility of teachers in the education at the elementary level.

(3.) NONE of this happened in the present case. What was initiated was only a training programme which was initiated prior to 23rd August, 2010. Merely because one is inducted in B.T.C. training would not ipso facto mean that process for appointment on the post of primary school teacher has also taken place.