MITHAI LAL Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners, who have obtained the B.Ed. two years Degree by Distance Mode from U.P. Rajshree Tandon Open University have filed this petition for a direction upon the respondents to consider it as a valid qualification for appearing at the U.P. Teachers Eligibility Test (hereinafter referred to as the 'U.P.-TET') scheduled to commence from 13th November, 2011.

(2.) It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act') and in pursuance of the notification dated 31st March, 2010 issued by the Government of India, the National Council for Teachers Education (hereinafter referred to as the 'NCTE') issued the notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment as a teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The Board of High School and Intermediate Education (hereinafter referred to as the 'Intermediate Education Board'), which has been authorised by the State Government to hold such a test, issued the advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET but persons who have obtained B.Ed. Degree in two years by distance mode have not been permitted to appear in the test. It is, therefore, asserted that the petitioners, who have obtained B.Ed. Degree in two years through Distance Mode stand excluded from appointment as teachers in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment.

(3.) It is contended by Sri Shashi Nandan, learned Senior Counsel for the petitioners that notification dated 23rd August, 2010 issued by the NCTE under Section 23(1) of the Act regarding minimum qualification for a person to be eligible for appointment as a teacher in Classes I to VIII so far as it restricts candidates obtaining B.Ed. Degree in one year should be modified to include candidates who have obtained B.Ed. Degree by distance mode in two years as such candidates are at parity with the candidates obtaining B.Ed. Degree in one year in view of the decision of the Division Bench of the Court in Special Appeal No. 1271 of 2007 (Gyanendra Kumar Sharma & 49 others Vs. State of U.P. & Ors., 2008 AIR(All) 77) decided on 3rd October, 2007. He, therefore, submits that the petitioners, who have obtained the B.Ed. Degree by distance mode in two years, should also be considered eligible under the advertisement dated 22nd September, 2011 issued by the Intermediate Education Board.