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2018 Supreme(All) 334
ALLAHABAD HIGH COURT
(Lucknow Bench)
RAJESH SINGH CHAUHAN, J.
MOHD. RIZWAN AND OTHERS - Petitioners
Versus
STATE OF Uttar Pradesh AND OTHERS - .Respondents
(Civil Misc. Writ Petition (S/S) Nos. 28222, 29147, 29843, 27700, 27814, 31123, 32039, 32254, 29834 of 2017, 319, 323, 438, 603, 607, 759, 1567, 746, 2202, 2241, 1913, 2293, 2655, 2304, 2334, 2422, 2546, 3090, 3678, 3714, 3764, 3719, 3720, 3725, 3731, 3734, 3735, 3736, 3737, (M/S) 3516, 3665, 4021, 4014, 3915, (S/S) 4126, 4128, 4133, 4132, 4124, 3887, 4127, 4142, 4135, 4236, 4150, 4139, 4090, 4086, 4059, 4130, 4136, 4141, 4134, 3919, 4001, 3826, 4307, 4314, 4147, 4296, 4301, 4169, 4157, 4159, 3997, 3877, 3881, 4129, 3875, 4160, 4119, 4173, 3871, 4028, 3886, 3890, 3934, 3948, 3947, 3895, 3797, 3942, 3891, 3861, 3680, 3889, 3855, 3943, 3950, 3865, 3894, 3932, 4144, 4054, 3893, 4026, 4137, 4072, 4122, 4120, 4003, 3892, 4121, 4131, 4123, 3914, 4117, 4099, 4075, 4118, 4138, 4125, 4265, 4291, 4199, (M/S) 4205, (S/S) 4359, 4360, 4362, 4456, 4460, 4484, (M/S) 4417, (S/S) 4496, 4497, 4498, 4499, 4500, 4501, 4502, 4441, 4503, 4504, 4505, 4506, 4514, 4518, 4365, 4383, 4444, 4446, 4462, 4474, 4478, 4489, 4492, 4494, 4552, 4559, 4639, 4637, 4638, 4538, 4546, 4556, 4581, 4585, 4666, 4671 of 2018, 30118 of 2017, 4793, 4794, 4795, 4796, 4797, 4799, 4800, 4811, 4815, 4816, 4817, 4822, 4640, 4642, 4643, 4644, 4645, 4646, 4647, 4649, 4652, 4656, 4657, 4695, 4725, 4743, 4767, 1652, 4853, 4854, 4857, 4905, 4907, 4919, 4933, 4942, 4953, 4959, 4986, 4987, 4988, 4989, 4990, 4991, 4992, 4993, 4994, 4995, 4996, 4997, 4998, 4999, 5000, 5001, 5002, 5004, 5005, 5006, 5007, 5025, 4866, 4903, 4908, 4916, 4924, 4939, 4947, 4950, 4851, 4956, 5063, 5135, 5211, 5218, 5224, 5228, 5229, 5231, 5289, 5167, 5329, 5381, 5460, 1652, 4767, 5798, 5803, 5805, 5834, 5838, 5841, 5847, 5878, 5902, 5908, 5911, 5914, 5933, 5943, 5953, 5854, 6048, 5984, 5985, 6033, 6087, 6090, 6141, 6215, 6216, 6218, 6219, 6220, 6221, 6233, 6234, 6250, 6252, 5599, 5616, 5725, 5669, 5655, 5665, 5637, 5636, 5623, 5619, 5730, 5792, 5793, 5496, 5543, 5545, 5597, 5988, 5989, 6489, 6525, 6588, 6328, 6429, 6440, 5327, 5799, 4801 of 2018 and (M/S) 29834 of 2017, decided on 6th March, 2018)
Counsel :
Amit Kumar Singh Bhadauria, Durga Prasad Shukla, Himanshu Raghave, Sri Niwas Jaiswal, Anand Dubey, Praveen Kumar Tripathi, Onkar Singh Kushwaha, Swatantra Dev, Brijesh Kumar Pandey, Vijay Kumar Mishra, Shubham Gupta, Anupam Shukla, Ranjana Srivastava, Ashwani Kumar, Manoj Kumar Singh, Pt. S. Chandra, Paritosh Shukla, Dileep Kumar Mishra, Prabhat Mishra, Shiv Pravesh Dhar Dubey, Rajeiu Kumar Tripathi, Samiksha Verma, Atul Kumar Singh, Onkar Singh Kushwaha, Alok Kr. Misra, Neeraj Tripathi, Sunil Kumar Singh, Vijay Kumar Asthana, Govind Singh Bot, Dinesh Kumar Shukla, Pankaj Verma, Rakesh Dwivedi, Ram Bali Tiwari, Vinay Kumar Singh, Shailender Singh, Anup Kumar Kashyap, Krishna Kumar Vishwakarma, Varun Kumar Mishra, Surya Prakash Singh, Rakesh Kumar Nayak, Lalji Yadav, Fareed Ahmad, Anil Kumar Kushwaha, Rakesh Kumar Singh, Manoj Sahu, Sanjiv Kumar Singh, Surya Kumar, Pushpendra Kumar,Vinod Kumar, Ashok Kumar Singh, Rajeiu Kumar Tripathi, Abhishek Shukla, Sharad Kumar Verma, Arun Kumar Verma, Rahul Singh, Ramesh Kumar Srivastava, Amar Deep Srivastava, Santosh Kumar Misra, Dilip Kumar Verma, Ajai Vikram, Manoj Kumar Singh, Raghvendra Tewari, Abhishek Singh, Anand Pal Singh, Rajeev Kumar Mishra Rudra, Jay Prakash Singh, Atul Kumar Singh, Satyendra Kumar Tiwari, S.P. Singh “Somvanshi”, Sanjay Kumar, Smita Mishra, Mukesh Kumar Pandey, Vineet Awasthi, Manish Vaish, Ankit Kumar Kaushal, Gajendra Pal Singh Chauha, Sanjay Saxena, Vijayendra Prakash Tripat, Nishant Shekhar Mishra, Raj Kumar Singh, Sivendra Kumar Srivastava, Krishana Kumar Singh, Abhinav Mishra, Amar Nath Mishra, Dinesh Kumar, Pramod Kumar Verma, Indrajeet, Amit Kumar Srivastava, Sanjay Kumar Rao, Rayees Ahmad Khan, Shobh Nath Pandey, Rakesh Pratap Singh, Akhand Pratap Singh, Sukh Deo Singh, Paritosh Shukla, Puttu Lal Misra, Manish Kumar Pandey, Vinod Kumar Yadav, Piyush Mishra, Sarvesh Kumar Pandey, Ravi Singh, Vinay Mishra, O.P. Tiwari, Hari Om Pandey, Nand Kishore Patel, Vijayendra Prakash Tripat, Nishant Shekhar Mishra, Raj Kumar Singh, Sivendra Kumar Srivastava, Rahul Roshan Dubey, Adil Aziz Khan, Amjad Siddiqui, Onkar Singh Kushwaha, Amrendra Nath Tripathi, Brij Raj Singh, Ravi Prakash Singh, Radhey Shyam Tiwari, Rajeev Narayan Pandey, Ram Singh, Arun Kumar, Adarsh Kumar Maurya, Ajeet Kumar, Pramesh Kumar Jaiswal, Divyanshu Yadav, Evreka Chauhan, Ramapati Yadav, Annapurna Singh, Ashok Kumar Singh, Rajan Singh, Ranjit Singh, Nagendra Bahadur Singh, Nripendra Mishra, Vivekanand Misra, Kamlesh Kumar, Uma Shankar Verma, Rajendra Singh Chauhan, Anil Kumar Pandey, Vinod Kumar Singh, Bhup Chandra Singh, Bhagwati Prasad Nigam, Umesh Pratap Singh, Vijai Kumar, Alok Kumar Singh, Deo Raj Singh, Shiv Shankar Mishra, Anurag Misra, Satyendra Nath Mishra, Shrish Tiwari, Nutan Thakur, Anup Kumar Mishra, Anshuman Singh, Kaushlendra Bahadur Singh, Manoj Kumar Yadav, Anuruddh Prasad, Rajendra Prasad Yadav, Mukesh Kumar Pandey, Garima Bajpai, Om Prakash Nag, Shridhar Tripathi, Amrendra Nath Tripathi, Shyam Kinkar Pandey, Abdul Shahid, Kalika Prasad Pandey, Himanshu Tiwari, Chavi Shukla, Sunita Dwivedi, Swati Soni, Rama Kant Dixit, Sunil Kumar Pandey, Rajesh Kumar Pathak, Praveen Dwivedi, Saurabh Srivastava, Dharm Trivedi, Dharmendra Kumar Maurya, Om Prakash Dixit, Hansraj Verma, Salil Tripathi, Krishna Madhav Shukla, M.P. Raju, Akash Dikshit, Sandeep Kumar Rawat, Bimlesh Kumar, Laxmikant Shukla, Dev Mani Mishra, Arjun Singh “Kalhans”, Garima Srivastava, Sushil Singh, Avadhesh Mishra, Nitin Kumar Mishra, Bhoomika Bajpai, Nishant Shekhar Mishra, Anil Kumar Rastogi, Soniya Mishra, Rajiv Mishra, Arvind Kumar Kanaujea, Balram Mishra, Dharmendra Kumar Maurya, Rajesh Kumar,Chandan Kumar, Neeraj Kumar Mishra, Umesh Dixit, Umesh Chandra, Sachin Tiwari, Narvind Kumar Singh, Rajesh Kumar Verma, Aditya Vikram Singh, Pratibha Vaish, Nagendra Bahadur Singh, Vijay Kumar Tiwari, Vishvajeet Singh, Ram Lakhan Verma, Vishva Nath Pratap Singh, Ambrish Kumar Pandey, Shailesh Tripathi, Sampurnanand Shukla, Virendra Prasad, Dr. Surendra Kumar Tripath, Somesh Tripathi, Shanker Lal Pandey, Sabir Ali, Ram Dheeraj, Krishna Kumar Singh, Ved Prakash Mishra, Daya Shankar Yadav, Kapish Srivastava, Mohit Tiwari, Raghvendra Kumar Singh-II, Rajnish Ojha, Upendra Kumar Verma, Gulam Ali Rashidi, Alok Singh Chauhan, Rahul Srivastava, Raghvendra Kumar Saini, Piyush Kumar Singh, Durgesh Mishra, Anurag Singh Chauhan, Jay Prakash Singh Vats, Ashish Kumar Gupta, Rizwanul Haq Ansari, Jitendra Kumar Pandey for the Petitioners; C.S.C., A.S.G., Sudhanshu Chauhan, Ajay Kumar, J.B.S. Rathour, S.P. Singh Bisen for the Respondents.
Headnote:(A) National Council for Teacher Education Act, 1993—Section 12A—Right of Children to Free and Compulsory Education Act, 2009—Section 23—Teacher Eligibility Test—Incorrect questions/answers—Examination not conducted strictly as per guidelines—Questions were wrong and some were out of syllabus as per syllabus prescribed in guidelines and proper number of questions not asked in paper of language—To restore confidence and faith in examination direction issued to delete 14 questions in dispute and evaluate answer sheet of all candidates with reduced number of correct questions.
(B) National Council for Teacher Education Act, 1993—Section 12A—Right of Children to Free and Compulsory Education Act, 2009—Section 23—Teacher Eligibility Test—Maintainability of writ petition—Locus standi—Unsuccessful candidates—Recruitment—Examination—If procedure provided by relevant rules, regulations and orders is not followed examining body—Petition by unsuccessful candidates maintainable.
(C) Recruitment—Selection procedure—Cannot be changed after advertisement of vacancies.
Petitions Partly Allowed.
Hon'ble Rajesh Singh Chauhan,J.
By means of the bunch of these writ petitions the petitioners have challenged the Examination of The Uttar Pradesh Teachers Eligibility Test, 2017 (Primary Level) (hereinafter referred to as TET, 2017 in short) on the ground that the aforesaid examination has been conducted contrary to the guidelines issued by the National Council for Teachers Education (hereinafter referred to as the NCTE in short). Further, the Examination Regulatory Authority, U.P., Allahabad ( hereinafter referred to as the Examination Regulatory Authority in short) through its Secretary / Registrar has issued the Government Order dated 24.12.2014 whereby syllabus adopted and issued was not only against the guidelines of NCTE but also the questions have not been asked strictly in accordance with the guidelines of NCTE. Some of the petitioners raised the ground that several questions having multiple options were wrong in the sense that none of the options were correct answers to the concerned questions and several questions have more than one answers. Therefore, by raising aforesaid anomaly, the petitioners prayed that the TET, 2017 be canceled and a fresh TET examination be conducted strictly as per the syllabus adopted through Government Order dated 24.12.2014 and Government Order dated 21.8.2017 prior to conducting Assistant Teacher Recruitment Examination, 2018.
The petitioners have, however, prayed some reliefs to the effect that Examination Regulatory Authority be commanded to revise the result of TET, 2017 by providing grace mark for ambiguous questions and for those questions which are beyond the syllabus. Some of the petitioners have prayed that the NCTE be directed to conduct the fact-finding inquiry to ascertain as to whether the questions papers were set up strictly with its guidelines and if it is found that the question papers were not set up strictly as per guidelines, the examination of TET, 2017 be canceled and a fresh examination be conducted at the earliest within a period stipulated by this Court. Further, in the leading petition i.e. Mohd. Rizwan and others the prayer for quashing the answer-key of TET Examination, 2017 (Paper-1) dated 6.11.2017 issued by the Examination Regulatory Committee has also been prayed, besides the other reliefs prayed in other writ petitions indicated hereinabove.
1. Heard S/Sri Amit Kumar Singh Bhadauriya, Pt. S. Chandra, Rajeiu Kumar Tripathi, Alok Misra, Onkar Singh, Swatantra Dev, Anand Dubey, Brijesh Kumar Pandey, Vinod Kumar Gupta, Paritosh Shukla, P.S. Pandey, Ranjana Srivastav, Atul Singh and Prashant Shukla, learned counsel for the petitioners, Sri Himanshu Raghav for the Intervenor and Sri Raghvendra Kumar Singh, learned Advocate General assisted by Sri Hari Govind Upadhyaya, learned Additional Chief Standing Counsel for the State-respondents.
2. The facts and circumstances of the issue are as under :
3. The petitioners in the aforesaid bunch of writ petitions are either Shiksha Mitras or B.T.C. Some of Shiksha Mitras are the reverted Assistant Teachers of Primary Schools run by the Board of Basic Education, Uttar Pradesh ; some of the petitioners being the B.T.C. trained Shiksha Mitras and some of the petitioners are only having the qualification of B.T.C.
4. It would be relevant to point out, precisely, the background of appointment of Shiksha Mitras for the State-run primary schools.
5. On 24.4.1993 Part-IX has been inserted in the Constitution of India vide 73 Constitutional Amendment and thereby Item No. 17 of 11th Schedule provides that Primary Eduction may be entrusted to the Panchayat constituted under Article 243-B of the Constitution of India.
6. So as to let the Constitutional mandate and aforesaid an Office Memo was issued on 12.4.1999 under the Authority of his Excellencey the Governor of Uttar Pradesh, thereby Panchayats have been assign
