KESHAVANAND JHALDIYAL Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The petitioner before this Court has challenged the criteria laid down in the selection process for the appointment of Teachers in the Elementary Schools.

(2.) After the elementary education becoming a Fundamental Right under Article 21A of the Constitution of India and thereafter the enactment of Right to Education Act, 2009 where a nodal body, namely, National Council for Teacher Education (hereinafter referred to as "NCTE") has given the responsibility to laid down the guidelines and the qualification for appointment of teachers in elementary schools. Under the said scheme essential qualification was a certificate or diploma in elementary teachers training which is known as Basic Teachers Certificate (in short "BTC") in Uttarakhand. However, since there was a shortfall of such qualified teachers, this Court has been informed that till 31.03.2014, even B.Ed. and D.El.Ed. qualified persons, who have completed Teachers Eligibility Test (hereinafter referred to as 'TET') are also eligible for appointment to the post of Assistant Teachers. In the present recruitment process, which is only for B.Ed. qualified persons, the petitioner and intervenors are all B.Ed. and TET qualified persons.

(3.) Apart from this, the advertisement further states that selection will be made on year-wise basis. Meaning thereby if a candidate has done his B.Ed. in an earlier year, he would be treated to be senior to the one in the list who has done in the later year. Apart from the above conditions, the petitioner has also challenged the condition whereby reservation has been made for Sports person and Rajya Andolankari.