Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 3(1) 2(m) 12(d) 14(1) 1993 - ss. 2(e) U.P Basic Education (Teachers) Service Rules 14(5) National Council for Teachers Education Act 1981 17(1) and 17(4) - Constitution of India -Articles 14 and 254 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India National Council for Teacher Education Act, 1993 (73 of 1993) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | U.P Basic Education (Teachers) Service Rules, 1981:r. 8 - Assistant Teacher of Basic School - Training qualification for - U.P Government Circular dated 11.8.1997 - Prescribing training qualification from U.P. Government Training Institutes and specifically canceling equivalence to BTC granted earlier to other certificates - Challenged by candidate holding a certificate of Diploma in Education from an institute in M. P recognized under NCTE Act- HELD: Grant or revocation of equivalence is an administrative decision taken by experts appointed by Government and is in sole discretion of authority concerned - Court would not interfere with such a policy decision unless it is in violation of some statutory or constitutional provision - Circular dated 11. 8. 1997 is not violative of Article 14 of the Constitution - On facts, D. Ed. Certificate is no longer regarded as equivalent to BTC after the circular dated 11.8.1997 - Therefore, candidate holding D. Ed. Certificate was not entitled to be appointed as Assistant Teacher of a Basic School in U.P - The word 'institution' as defined in s.2(e) of NCTE Act, only means teachers' training institute and not ordinary educational institutions - NCTE Act and U. P Basic Education Act/Rules operate in two different fields, as explained in judgment- Therefore, NCTE Act cannot be said to override U.P Act/Rules -Article 254 of Constitution has no application to facts of the case - National Council for Teachers Education Act, 1993 - ss. 2(e), 2(m), 3(1), 12(d), 14(1), 14(5), 17(1) and 17(4) - Constitution of India -Articles 14 and 254 - Seventh Schedule - List III - Entry 25 -Administrative Law - Policy decision of State Government - Interference by Court.Words and Phrases:Word "institution" as defined in s.2(e) of National Council for Teachers Education Act,ยท 1993 - Meaning of |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2008 INSC 171 |
Petitioner | Basic Education Board, U.p. |
Respondent | Upendra Rai And Ors. |
SCR | [2008] 2 S.C.R. 707 |
Judgement Date | 2008-02-12 |
Case Number | 8034 |
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