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2017 Supreme(SC) 688

STATE OF U. P. – Appellant
Versus
SHIV KUMAR PATHAK – Respondent


Advocates Appeared:
For the Appellants :- Rakesh Mishra, Rohit Singh, Vivek Singh, Garvesh Kabra, Amit Pawan, Vishwa Pal Singh, Advs.
For the Respondents:- Rameshwar Prasad Goyal, Mrs. K. Sarada Devi, Abha R. Sharma, Gopal Singh, Alok Gupta, Advs.

JUDGMENT

Adarsh Kumar Goel, J.

This batch of cases arises out of judgment of the Allahabad High Court dated 20th November, 2013 in Shiv Kumar Pathak and Ors. v. State of U.P. and ors., 2013(10) ADJ 121 and involves the question of validity of decision of the State of Uttar Pradesh in prescribing qualifications for recruitment of teachers at variance with the guidelines of the National Council for Teachers Education (NCTE) dated 11th February, 2011 under Section 12(d) read with Section 12A of the National Council for Teachers Education Act, 1993 (NCTE Act) and Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) on the ground of repugnancy of State law with the Central law on a subject falling in concurrent list.

2. The following questions for consideration were framed by this Court vide its order dated 2nd November, 2015:

a) Whether the NCTE guidelines fixing the minimum qualification are arbitrary and unreasonable?

b) Whether the marks obtained in the TET Examination is the sole criterion for filling up the vacancies?

c) Whether the High Court is






























































































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