Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Recruitment - National Council for Teachers Education (NCTE) laid down qualification for appointment of teachers of elementary education by issuing Notification dated 2nd August 2010 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Recruitment - National Council for Teachers Education (NCTE) laid down qualification for appointment of teachers of elementary education by issuing Notification dated 23rd August , 2010 - By Notification dated 11th February, 2011 NCTE issued guidelines to conduct Teachers Eligibility Test (TET) and also provided for weightage to the marks in the said test for recruitment of teachers - State Government amended Uttar Pradesh Basic Education Rules, 1981 by its 12th amendment to bring it in consonance with the notifications issued by NCTE - Advertisement dated 30th November, 2011 (in accordance with 12th amendment) cancelled - Further, State by 15th amendment to the 1981 Rules provided that weightage to TET marks was not required - Thereafter, fresh advertisement dated 7th December, 2012 - 15th amendment as well as cancellation of previous advertisement challenged on the ground that it rendered the rules inconsistent with the NCTE guidelines - Single Judge of High Court dismissed the writ petition - Division Bench of High Court, set aside the fresh advertisement and directed the State to conclude the selection as per advertisement dated 30th November, 2011 - On appeal, held: NCTE was competent to issue the Notifications dated 23rd August, 2010 and llth February, 2011 - Therefore, State Government was under obligation ยท to act as per the said notifications - However, in view of the stand of NCTE that weightage to marks in TET was not mandatory, 15th amendment to the 1981 Rules, need not be interfered with - Since by interim order of Supreme Court 66,655 posts against 72,825 posts have already been filled in, as per advertisement dated 30th November, 2011, the same cannot be disturbed - However, the Stale is at liberty to fill up the remaining vacancies as per fresh advertisement - Constitution of India - Art. 254; Schedule Vil, List Ill, Entry 25 - Right of Children to Free and Compulsory Education Act, 2009 - s. 23 - National Council for Teachers Education Act, 1993 - ss. 12(d) and 12A - Uttar Pradesh Basic Education Act, 1972 - Uttar Pradesh Basic Education Act, 1972 - Uttar Pradesh Basic Education Rules, 1981. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2017 INSC 666 |
Petitioner | State Of U.p And Ors. Etc. Etc. |
Respondent | Shn Kumar Pathak And Ors. Etc. Etc. |
SCR | [2017] 7 S.C.R. 905 |
Judgement Date | 2017-07-25 |
Case Number | 4347-4375 |
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