Monday, June 17, 2013

UPTET / Allahabad Highcourt : ourt cannot exclude or include qualifications and TET is one of Qualification


UPTET / Allahabad Highcourt : ourt cannot exclude or include qualifications and TET is one of Qualification



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 30 

Case :- WRIT - A No. - 29786 of 2013 

Petitioner :- Ramesh Kumar Yadav 
Respondent :- State Of U.P.& 2 Ors. 
Counsel for Petitioner :- M.S.Chauhan,S.C.Rai 
Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi 

Hon'ble Amreshwar Pratap Sahi,J. 
The petitioner claims inclusion of the two years diploma course (D.Ed.) for the purpose of appointment as an Assistant Teacher as per the Notification dated 26.4.2013. The prayer in essence is to include this qualification also as a qualification for such appointment. 
The court cannot exclude or include qualifications for such appointments merely becuase such a qualification is also recognized for the teacher eligibility test. The teacher eligibility test is another qualification that makes one eligible for consideration but such a qualification if not prescribed under the appointment rules, cannot be engrafted through a judicial intervention. The petitioner can approach the State Government for the redressal of his grievances. 
The writ petition is dismissed with the said observation 
Order Date :- 27.5.2013 
Sahu 


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