Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Right of Children to Free and Compulsory Education Rules 2011: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Uttar Pradesh Right of Children to Free and CompulsoryEducation Rules, 2011: r.16-A [inserted by Uttar Pradesh Right of Children to Freeand Compulsory Education (First Amendment) Rules, 2014} -Prescribing absorption of 'Shiksha Mitras' as Assistant Teachers injunior basic schools - By relaxing minimum educationalqualifications for the post provided u/s. 23 of the Right of Childrento Free and Compulsory Education Act, 2009 - Executive orders issued for absorption of 1,24,000 'Shiksha Mitras' as AssistantTeachers - Constitutional validity of - Held: The fundamental rightof right to education is right to quality education - To make theright to education meaningful, a qualified teacher has significantrole - In view of clear mandate of law statutorily requiring minimum qualification/or appointment of teachers, no appointment waspermissible without such qualifications - Since 'Shiksha Mitras' werenever appointed as teachers as per applicable qualifications andare not covered by relaxation order uls. 23(2) of 2009 Act, theycould not be appointed as teachers in breach of s. 23(2) of 2009Act-State is not competent to relax the qualification - In the peculiarF facts of present case, 'Shiksha Mitras' are given opportunity to beconsidered for recruitment, !f they have acquired or now acquirerequisite qualification - Right of Children to Free and CompulsoryEducation Act, 2009 - s.23. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2017 INSC 668 |
Petitioner | State Of U.p. & Anr. Etc. |
Respondent | Anand Kumar Yadav & Ors. Etc. |
SCR | [2017] 10 S.C.R. 428 |
Judgement Date | 2017-07-25 |
Case Number | 9529 |
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