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2011 Supreme(All) 2989

DILIP GUPTA
RAVI PRAKASH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Siddharth Khare and Ashok Khare for the Petitioners; A.K. Sharma, Rajiv Joshi, R.A. Akhtar and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—These petitions have been filed by persons who are undergoing or have undergone the Basic Teacher Course (hereinafter referred to as the ‘B.T.C’) or Special Basic Teacher Course (hereinafter referred to as the ‘Special B.T.C’) for a direction upon the respondents to forthwith grant appointment to the petitioners as Assistant Teachers in Elementary Schools run by the Board of Basic Education U.P. Allahabad (hereinafter referred to as the ‘Basic Education Board’) in different district of the State without requiring the petitioners to pass the U.P. Teachers Eligibility Test (hereinafter referred to as the ‘U.P-TET’) to be conducted by the Board of High School and Intermediate Education (hereinafter referred to as the ‘Intermediate Education Board’) as a condition for grant of appointment to the petitioners as Assistant Teachers.

2. It is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the ‘Act’) and in pursuance of the notification dated 31st March, 2010 issued by the Government of India, the National Council for Teacher Education (hereinafter



























































































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