DISTRICT BASIC EDUCATION OFFICER Vs. MAHENDRA

JUDGEMENT

(1.) The present intra-court appeal filed under Chapter VIII Rule 5 of the Rules of Court is directed against the judgement and order dtd. 14/3/2023 passed by learned Single Judge allowing Writ-A No.45784 of 2014 filed by respondent no.1 (hereinafter referred to as 'the petitioner'). In the writ petition, the petitioner had challenged the order dtd. 19/8/2014 passed by appellant no.1 rejecting the candidature of the petitioner for appointment on the post of Assistant Teacher in Primary Schools run by U.P. Basic Shiksha Parishad (appellant no.2) on the ground that the petitioner had passed T.E.T. Examination in Sanskrit language and not T.E.T. meant for teaching primary level classes. He therefore did not fulfill the eligibility prescribed for the post. In reaching to the said conclusion, reliance has been placed on the Government Order dtd. 15/10/2013.

(2.) The learned Single Judge has held that the Government Order dtd. 15/10/2013 does not place any such restriction. It merely requires that the candidate should have passed T.E.T. Examination. As the petitioner had duly cleared the T.E.T. Examination, though in Sanskrit language, he was held eligible for the post and accordingly, direction was issued to the appellants to issue appointment letter to the petitioner.

(3.) Learned counsel for the appellants submitted that the Government decided to fill up 10,000 vacant posts of Assistant Teachers in primary schools run by Basic Shiksha Parishad. In furtherance, it issued a Government Order dtd. 15/10/2013. It stipulated that the educational qualification required was graduation degree from a recognised degree college, two years BTC Course from authorised institution of the State Government and certificate of Teacher Eligibility Test (T.E.T.) meant for classes 1 to 5 i.e. primary level. The requirement of having T.E.T. certificate was an essential condition in view of the stipulations laid down in this behalf by the National Council for Teacher Education in exercise of its powers under Sec. 23 (1) of the Right to Education Act, 2009. The State Government, in accordance with the guidelines framed by the NCTE, had issued Government Order dtd. 17/4/2013 disclosing the manner in which T.E.T. Examination would be held. According to it, T.E.T. Examination was held for four separate categories-