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2018 Supreme(All) 1548

DINESH KUMAR SINGH
Arvind Kumar Shukla – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prabhakar Awasthi and Prashant Shukla, Adv.
For the Respondent:A.S.G.I., Dhananjay Awasthi and Manu Singh, Advocate

JUDGMENT :

Dinesh Kumar Singh, J.

1. Heard learned counsel for the parties.

2. Under the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981") 50% post of Assistant Teachers in Senior Basic Schools are to be filled up by direct recruitment and 50% by way of promotion from the teachers of Junior Basic Schools. For direct recruitment of 29334 posts of Assistant Teachers of subjects, Science and Mathematics in Senior Basic Schools, the Government issued Notification dated 11th July, 2013, inviting applications from eligible candidates. This notification was later on amended on 23rd August, 2013.

3. The petitioners applied against the aforesaid posts of Assistant Teachers. After selections, counselling was held on 30th June, 2014 and, thereafter, appointment letters were issued to the candidates. The petitioners were not successful in the recruitment.

4. It is important to note that the Teacher Eligibility Test (hereinafter referred to as "TET") is an essential qualification for recruitment and appointment on the post of Assistant Teacher. The National Council for Teachers Education (hereinafter referred to as "NCTE") after promulgation of R














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