Teachers Appointment Prior to 29 July 2011, TET Exam is Mandatory OR Not

Teachers Appointment Prior to 29 July 2011, TET Exam is Mandatory OR Not

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See Case Details :-

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court

Case :- SPECIAL APPEAL No. - 2366 of 2011

Petitioner :- Prabhakar Singh And Others

Respondent :- State Of U.P. And Others

Petitioner Counsel :- Siddharth Khare, Ashok Khare

Respondent Counsel :- C.S.C., R.A. Akhtar

Hon'ble Syed Rafat Alam, Chief Justice

Hon'ble Ran Vijai Singh, J.

During the course of argument, Sri Ashok Khare, learned Senior Counsel, appearing on behalf of the appellants submitted that the NCTE for the first time introduced Teachers Eligibility Test on 23rd August, 2010 and thereafter vide notification dated 29th July, 2011 carved out an exception under para 5(a), providing that where advertisement initiating the process of appointment of Teachers has been issued prior to the commencement of notification dated 29th July, 2011, the appointments may be made in accordance with the National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001. Sri Khare further submits that in the State of Uttarakhand, in identical situation, the Teachers have been appointed without qualifying in Teachers Eligibility Test. NCTE did not raise any objection nor compelled them to appear in the TET.

Sri R.A. Akhtar, learned counsel appearing on behalf of the NCTE prays for and is granted 10 days' time to seek instruction and file counter affidavit.

Sri K.S. Kushwaha, learned Standing Counsel appearing on behalf of the State - respondents shall also seek instructions from the State Government in the light of the decision taken by the State of Uttarakhand and if necessary, may file supplementary counter affidavit indicating the stand of the State Government.

The matter shall appear for further hearing on 24th January, 2012.

Order Date :- 4.1.2012

VMA

See Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1634802