KHEMRAJ SEMWAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) <JGN>Sudhanshu Dhulia</JGN> <ADV>Rajendra Dobhal, G.D.Joshi, Manoj Tiwari, Alok Mahra, Vinay Kumar, Niranjan Bhatt, P.C.Maulekhi, Amish Tiwari, T.P.S.Takuli, Shivanand Bhatt, Pankaj Negi, S.S.Chaudhary, M.S.Bisht, Mohd.Umar, Ayus Negi, Ms.Neetu Singh, K.N. Joshi, B.P.S. Mer, Rakesh Thapliyal, N.S. Pundir, T.A. Khan, A.K. Arya.</ADV> <AT>Writ Petition (S/S) No. 912 of 2016. D/d. 15 . 7 . 2016 .</AT> <SI>A. <ACT>Constitution Of India</ACT>Art.226 <ACT>Right Of Children To Free And Compulsory Education Act, 2009</ACT>, <S>S.23</S> <ACT>Constitution Of India</ACT> <S>Art.21A</S> <ACT>Right Of Children To Free And Compulsory Education Act, 2009</ACT> <ACT>Right Of Children To Free And Compulsory Education Act, 2009</ACT> S.8 S.25 <S>S.23</S> <ACT>National Council For Teacher Education (Recognition Norms And Procedure) Regulations, 2009</ACT> <ACT>Uttarakhand Subordinate Education (Trained Graduate Cadre) Rules, 2014</ACT> <S>R.8</S> <S>R.8(2)</S> <ACT>Uttar Pradesh Reorganisation Act, 2000</ACT> - Appointment to the Post of Assistant Teachers in Higher Secondary Schools - Entitlement of - Held, Teachers Eligibility Test (TET) even though is not a minimum educational qualification, but is definitely a mandatory qualification - Question as to whether such petitioners who have done their TET, though subsequent to the advertisement, can be treated to be qualified and be considered for the selection or not? - Answer here would again be clearly in the negative for the simple reason that all candidates were required, in terms of the guidelines and instructions given in the advertisement, to have qualified TET prior to the date of advertisement - Since they have not, these candidates do not fulfil this mandatory qualification of having TET. 2013 (6) ALJ 366 (FB), Relied on. [Para 35] B. Right of Children to Free and Compulsory Education Act, 2009, Sec. 23 - Appointment to the Post of Assistant Teacher LT Grade (Music) - Entitlement of - Teachers Eligibility Test (TET) was never a mandatory qualification - It is a common knowledge that teacher in Music for example, is to be judged primarily by his skill, therefore, TET, which is a test laying down minimum standards and benchmark for a teacher in general education alone not for specialised subjects. [Paras 43, 44 and 45] C. Right of Children to Free and Compulsory Education Act, 2009, Sec. 23 - Uttarakhand Subordinate Education (Trained Graduate Cadre) Rules, 2014, Rules 8(2) - Appointment to the Post of Assistant Teacher in Higher Secondary Schools - Entitlement of - Petitioners not possessing mandatory qualification of Teachers Eligibility Test (TET) - Cannot claim exemption on ground that exemption has been given to the departmental candidates for promotion under 10% quota - As petitioners are not having TET qualification, they are not eligible for appointment as Assistant Teachers LT Grade more importantly without any challenge to Rules - TET is compulsory for appointment as Assistant Teacher LT Grade - Whether exemption of mandatory qualification of TET for such 10% posts is violative of Art. 14 of the Constitution of India has still to be seen - There is no challenge to the Rules - The petitioners have thrown a challenge on the alleged ground of unreasonable classification in the Rules, without any pleadings to that effect.</SI> <FV>Cases referred</FV> <RC>Shiv Kumar Sharma V. State Of U.P., 2013 3 UPLBEC 2156.</RC><RCG>REFERRED TO</RCG> <RC>Shivam Rajan V. State Of U.P., 2015 3 UPLBEC 2297</RC><RCG>REFERRED TO</RCG> <JT> <PARA> <JGN>Sudhanshu Dhulia</JGN> 1. - In all these writ petitions, the petitioners are candidates for the post of Assistant Teacher in Govt. Higher Secondary Schools. A total number of 3089 posts were advertised for the entire State of Uttarakhand vide notification dated 23.02.2014, which was duly published in the newspapers having wide circulation in the State of Uttarakhand, namely, "Dainik Jagran" and "Amar Ujala", and in the website of Uttarakhand Board of Technical Education, which is the Uttarakhand body conducting the examination. These posts were for various subjects such as Languages, Social Sciences, Natural Sciences, Mathematics, Physical Education, Home Science, Art Education, Music, etc.

(2.) The principal question for determination before this Court is whether the qualification known as Teachers Eligibility Test (from hereinafter referred to as TET-II) is a mandatory qualification for appointment as Assistant Teachers in Higher Secondary Schools and in case if it is so, whether the candidates who were applying to the post of Assistant Teacher in response to the above advertisement, were liable to have accomplished this qualification prior to the date of advertisement which is 23.02.2014, or prior to the last date of submission of the documents and application form, which is 31.03.2014.

(3.) Another question which needs to be answered is whether the candidature is liable to be considered even though one had appeared in TET after the cut off date, but had qualified it prior to the declaration of the result in the selection process for appointment to the post of Assistant Teachers. This question is based on the logic that even if TET is a qualification, it is not a mandatory "academic qualification", and therefore a candidate can acquire this qualification at any time, though prior to his selection.