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2025 Supreme(SC) 1875

B. R. GAVAI, K. VINOD CHANDRAN
Uma Kant – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sandeep Kumar Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Mr. Satyam Pandey, Adv. Mr. Madhu Bala, Adv. Mr. Ram Anugrah Singh, Adv. Mr. Krishna Kant Shukla, Adv. Mr. Kisalaya Shukla, AOR
For the Respondent(s): Mr. Ankit Goel, AOR Mr. Vikas Bansal, Adv. Mr. S.B. Gautam, Adv. Mr. O.P. Sharma, Adv.

JUDGMENT

B.R. GAVAI, CJI

1. Leave granted.

2. The present appeal challenges the judgment and final order dated 1st May 2024 passed by a Division Bench of the High Court of Judicature at Allahabad [Hereinafter, “High Court”], whereby the intracourt [Special Appeal No. 441 of 224] appeal filed by the appellants herein was dismissed and the judgment and order dated 12th March 2024 passed by a learned Single Judge of the High Court, dismissing the Writ Petition [Writ – A No. – 17951 of 2018] filed by the appellants, was affirmed.

3. The facts, in brief, giving rise to the present appeal are as under.

3.1. By a notification dated 23rd August 2010, the National Council for Teacher Education, [Hereinafter, “NCTE”] in exercise of the powers conferred by sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, [Hereinafter, “RTE Act”] laid down minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a “school” referred to in clause (n) of Section 2 of the RTE Act, with effect from the date of the notification. It can be seen that the requirement to pass the Teacher Eligibility Test, [Hereinafter, “TET”] to be

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