Thursday, January 5, 2012

UPTET : Allahabad Highcourt - BTC Candidates who oppose TET test, petition dismissed

?Court No. - 27
Case :- WRIT - A No. - 70380 of 2011
Petitioner :- Manju Lata & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rakesh Kumar Mathur,Smt. Swarn Lata Suman
Respondent Counsel :- C.S.C.,A.S.G.I. (2011/2421),R.A. Akhtar
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioners and learned counsel for the respondents Sri Hardev Singh.
By means of this writ petition,
the petitioner has challenged the notification dated 7.9.2011 by which all the candidates who are desirous of appointment on the post of Assistant Teacher in Primary Schools have necessarily to undergo a test which is termed as 'Teachers Eligibility Test'. According to the petitioner, he has already undergone a training under B.T.C. of 2008. The petitioner claims that the Act, that is, Right of Children to Free and Compulsory Education Act, 2009 which prescribes the minimum qualification, does not itself prescribe any such essential condition that a candidate has to qualify 'Teachers Eligibility Test' and , therefore, the said Government Order is against law and liable to be quashed. Learned counsel for the respondents, however, has pointed out that several writ petitions relating to the same subject have been filed before this Court and have been dismissed by learned Single Judge of this Court by judgment dated 11.11.2011 and the controversy has now been settled and learned Single Judge has held that the minimum qualification as prescribed by the National Council for Teacher Education vide its notification dated 23.8.2011 prescribes for 'Teachers Eligibility Test' and , therefore, the petitioners having not applied for 'Teachers Eligibility Test' are not eligible for consideration.
According to the learned counsel for the respondent the case is squarely covered by the decision rendered in leading case of Ravi Prakash & others Vs. State of U.P. & others decided on 11.11.2011.
In view of the above
no relief can be granted to the petitioner and the writ petition is accordingly dismissed.
Order Date :- 7.12.2011

No comments: