Allahabad High Court: Allowing the appeal by the appellants possessing B.Ed. qualification and Teachers Eligibility Test (TET) who had applied against 72,825 posts of Teachers of primary schools advertised on 30.11.2011, the Court held that the selection process should be completed on the basis of the marks obtained in TET as the same was notified to be criteria for selection in the concerned advertisement. The appellants had challenged the decision of the State Government by which Teachers Eligibility Test was decided to be only a minimum qualification and not the basis of selection. Directing the respondents to proceed and conclude the selection process initiated as per the advertisement dated 30.11.2011 as modified on 20.12.2011 to it’s logical end within the time allowed by the Central Government vide its notification issued under Section 23 (2) of the Right of Children to Free And Compulsory Education Act, 2009 i.e. 31.3.2014, the Court held the writ petition which stayed the recruitment process has been dismissed by this Court and hence there is no legal impediment in proceeding with the selection. The Court also took note of the fact that there are about 1.25 lacs primary schools in the State of U.P. run by the U.P. Basic Shiksha Parishad and held that 2.70 lacs posts of teachers being lying vacant, the State Government cannot be said to have complied its statutory obligation as laid down under the Act, 2009, hence, the State Government has to complete the process of selection and make appointment of the candidates within the time allowed by the Central Government. [Shiv Kumar Pathak v. State of UP, Special Appeal Defective No. 237 of 2013, decided on November 20, 2013]
Posted on: Thu, 21 Nov 2013 05:37:45 +0000
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