COMMITTEE OF MANAGEMENT MAHAVIR SINGH SOLANKI MEMORIAL KRISHI JUNIOR HIGH SCHOOL ALIGANJ BUDAUN Vs. STATE

JUDGEMENT

(1.) Petitioner's request for appointment as Assistant Teacher has been declined on the ground that without having passed T.E.T. examination, no appointment can be made in a Primary School. It is contended that there is no such provision under U.P. Basic Education (Teachers) Service Rules, 1981 and, therefore, the impugned order is bad.

(2.) The submission cannot be accepted and no relief, as sought in writ petition can be granted after enactment of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "Act, 2009"). The Act 2009, vide Section 23 (1), provides that any person possessing such minimum qualification, as laid down by an academic authority authorised by the Central Government, by notification, shall be eligible for appointment as a teacher. It reads as under:

(3.) Since the provision does not contemplate appointment of a Teacher who is not qualified as per Regulations of N.C.T.C., any provisions made earlier even if permit unqualified persons to be appointed in certain cases, cannot be followed after framing of Regulations by Authorised Authority. In absence of a statutory provision prior to Act, 2009, the provisions permitting appointment of untrained persons could have been complied with since the same had no occasion to infringe any other statute having overriding effect but after Act, 2009 and Regulations framed thereunder, the situation has undergone a wide change. It is not disputed that National Council of Teachers Education has been notified as Authorised Academic Authority under Section 23 (1) and the said body has framed Regulations laying down minimum qualification and eligibility conditions for appointment of Teachers in Primary Schools. In the light of said provisions, which have been made under Act, 2009; the same have overriding effect and, therefore, the otherwise provisions under provincial legislation would sub-serve.