KAMAL KISHORE PAL Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, who has obtained the Diploma in L.T. from the Departmental Examination U.P. in the year 1996, has 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 Diploma in L.T. have not been permitted to appear in the test. It is, therefore, asserted that the petitioner, who has obtained Diploma in L.T. stands excluded from appointment as a teacher in Classes I to VIII since a person who has cleared the TET is only considered eligible for appointment.

(3.) It is contended by learned counsel for the petitioner 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/Two years Diploma in Elementary Education/Diploma in Education (Special Education)/Four Years Bachelor of Elementary Education, should be modified to include candidates who have obtained Diploma in L.T. as such candidates are at parity with the candidates obtaining B.Ed. Degree in one year. He, therefore, submits that the petitioner, who has obtained the Diploma in L.T. should also be considered eligible under the advertisement dated 22nd September, 2011 issued by the Intermediate Education Board.