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2017 Supreme(SC) 690

ADARSH KUMAR GOEL, UDAY UMESH LALIT
STATE OF U. P. – Appellant
Versus
ANAND KUMAR YADAV – Respondent


Advocates Appeared:
For the Appellant :- M.R. Shamshad, Adv.
For the Respondents/Caveat:- M/s Aura & Co., Hemal Kiritkumar Sheth, Satyajeet Kumar, Amit Pawan, Advs.

Judgement Key Points

The Supreme Court's emphasis on the necessity for "Shiksha Mitras" or contractual teachers to strictly meet the standards set by the National Council for Teacher Education (NCTE) underscores the importance of maintaining quality in elementary education. This position reinforces that only teachers who possess the prescribed statutory qualifications and have undergone recognized training should be appointed or absorbed as teachers in the formal education system (!) .

The Court's stance indicates that the verification process must be rigorous and thorough, ensuring that all teachers, including Shiksha Mitras, fulfill the minimum qualification criteria established by the relevant statutory authorities (!) . This approach aims to uphold the integrity of the educational standards and safeguard the fundamental right of children to receive quality education from duly qualified teachers.

Furthermore, the Court's ruling highlights that any relaxation or deviation from these standards must be authorized by the competent statutory authority, in this case, the Central Government or the designated regulatory bodies, and not by the State alone (!) . This ensures that the process of verification is not only strict but also consistent with the law, thereby preventing any arbitrary or unauthorized appointments that could compromise educational quality (!) .

In essence, the Court's emphasis on strict verification aligns with the broader objective of ensuring that elementary education is delivered by qualified, trained, and competent teachers, which is fundamental to achieving the constitutional goal of quality education for all children. The State's argument for rigorous verification is thus rooted in the need to uphold legal standards and protect the rights of children to receive effective and quality education from appropriately qualified teachers.


JUDGMENT

Adarsh Kumar Goel, J.

Leave granted.

This batch of cases arises out of judgment of the Allahabad High Court dated 12th September, 2015 in Writ Appeal No. 34833 of 2015, (2015) ILR All 1108 : (2015) 8 ADJ 338 Anand Kumar Yadav v. UOI and connected matters. The High Court allowed the batch of writ petitions and directed as follows:

"(i) The amendment made by the State Government by its notification dated 30 May 2014 introducing the provision of Rule 16-A in the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 by the Uttar Pradesh Right of Children to Free and Compulsory Education (First Amendment) Rules 2014 is held to be arbitrary and ultra vires and is quashed and set aside;

(ii) The Uttar Pradesh Basic Education (Teachers) Service (Nineteenth Amendment) Rules 2014, insofar as they prescribe as a source of recruitment in Rule 5(2) the appointment of Shiksha Mitras; the academic qualifications for the recruitment of Shiksha Mitras in Rule 8(2)(c) and for the absorption of Shiksha Mitras as Assistant Teachers in junior basic schools under Rule 14(6





















































































































































































































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