BADRI NARAIN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare, learned counsel for the petitioner-appellants and Sri Gopal Chandra Saxena, learned Standing Counsel for the State- respondents.

(2.) By this batch of appeals, the challenge is made to the judgment dtd. 25/7/2012 whereby the writ petitions preferred by the petitioner- appellants were dismissed. The writ petitions were preferred to challenge the order dtd. 12/6/2012 whereby Secretary, Basic Education Board, U.P. Allahabad directed for disengagement of Assistant Teachers appointed on compassionate ground. The appointments to the petitioner-appellants were on the terms and conditions contained in the Government Order dtd. 4/9/2000. The petitioner-appellants were to acquire the BTC training qualification to get regular appointments. Some of the petitioner- appellants were sent for BTC training but pursuant to the order dtd. 12/6/2012 of the Uttar Pradesh Basic Education Board, all the petitioner- appellants were disengaged on the ground that untrained teachers could not have been appointed after enforcement of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 (for short "Rules of 2011").

(3.) The controversy raised in these appeals mainly rests on the Rules of 2011 and the Right of Children to Free and Compulsory Education Act, 2009 (for short "Act of 2009"). After the enactment of Act of 2009, and Notification dtd. 23/8/2010 under Sec. 23 of the Act of 2009, the appointment on the post of teachers could not have been given unless one has passed the Teachers Eligibility Test (for short "TET"). It is an admitted fact that none of the petitioner-appellants were possessing TET certificate prior to their appointment or giving effect to the Rules of 2011.