SHIV KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Full Bench has been called upon to resolve the controversy that has arisen out of a reference made by a learned single Judge doubting the correctness of the judgment in the case of Prabhakar Singh and others Vs. State of U.P. and others, 2013 1 ADJ 651, relating to the compulsion of passing the Teacher Eligibility Test as prescribed under the Notification dated 23.8.2010 as amended on 29.7.2011 for appointments on the post of an Assistant Teacher for an Elementary Basic School (classes I to V). Even though there are three questions framed by us, the issue which requires a resolution is the binding effect of the aforesaid Notification that has been issued by the National Council for Teacher Education while prescribing a minimum standard to be possessed by a candidate aspiring to become a Teacher of elementary education.

(2.) The Division Bench in the case of Prabhakar Singh was hearing an Appeal against the judgment of a learned single Judge in the case of Ravi Prakash and others Vs. State of U.P. and others,2013 1 ESC 11. The challenge that was raised before the learned Single Judge was two fold, namely that the Teacher Eligibility Test would not be compulsory for such candidates whose process of selections in the Teachers training course of BTC had commenced prior to the issuance of the said Notification, which according to them, amounted to the commencement of the process of appointment. The second prayer of those candidates was to grant appointment as an Assistant Teacher without being compelled to undertake the Teacher Eligibility Test. The learned single Judge held that the process of acquisition of training qualification either of the BTC course or special BTC course would not by itself amount to the commencement of the process of recruitment under the Rules. For this, the learned single Judge relied on the Apex Court decision in the case of Devendra Singh and others Vs. State of U.P. and others, 2007 9 SCC 491, and other judgments to hold that the process of completion of Teachers Training Course does not amount to commencement of the recruitment process which would begin only with the advertisement under Rule 14 of the U.P. Basic Education Teachers Service Rules, 1981. The argument on behalf of the petitioners was that in view of the past practice and the various communications at the government level and the level of the U.P. Basic Education Board, the process of appointment was complete with the preparation of the list of the successful candidates in the training course. It was argued that with the completion of the training year wise, the candidates were to be placed accordingly as per Rule 17 of the 1981 Rules which did not require any further recruitment process. This argument of the petitioners was turned down by the learned single Judge holding that the process of recruitment would commence with a formal advertisement under Rule 14 and the mere preparation of a list of the trained candidates on the basis of their training qualification does not amount to commencement of the recruitment process.

(3.) The learned single Judge also found that Rule 16 of 1981 Rules clearly prescribes that after the advertisements are made, a Selection Committee is constituted where after the selections are finalized and then the letters of appointment are issued. The learned single Judge finally held that all petitions deserve to be dismissed as the minimum qualifications as prescribed in the Notification dated 23.8.2010 have to be possessed before any candidate is appointed as a Teacher. Thus, those candidates, who had merely completed their training qualification prior to the Notification dated 23.8.2010, were not found to be saved by clause 5 of the Notification dated 23.8.2010. Consequently, all the writ petitions were dismissed holding that all petitioners have to necessarily pass the Teacher Eligibility Test before their appointment.