CHANDRA PRABHA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners, who have passed the Intermediate Examination or who have obtained the B.T.C. Training from outside the State of Uttar Pradesh, have filed this petition for quashing the minimum eligibility qualifications for appointment of teachers in Class I to V stipulated in the advertisement dated 22nd September, 2011 issued by the Board of High School and Intermediate Education, Allahabad (hereinafter referred to as the 'Intermediate Education Board') and for issuance of a fresh advertisement prescribing the same minimum eligibility qualifications as have been laid down by the National Council for Teacher Education (hereinafter referred to as the 'NCTE') in its notification dated 23rd August, 2010.

(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 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.

(3.) It is stated that though the minimum qualifications have been prescribed by the NCTE in its Notification dated 23rd August, 2010 for Classes I to V but the Intermediate Education Board has prescribed higher qualifications for appointment of teachers in Classes I to V.