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SAUMITRA DAYAL SINGH
Anju – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saumitra Dayal Singh, J.
Heard Shri Gautam Baghel, learned counsel for the petitioner; Shri Bharat Pratap Singh, learned counsel for respondent National Council for Teacher Education and; Shri Gagan Mehta, learned counsel for the respondent Commission.
2. Present petition has been filed by the three petitioners to challenge the Advertisement No. 51 issued by U.P. Higher Education Service Commission (hereinafter referred to as the Service Commission) insofar as it relates to selection on the post of Assistant Professor (B.Ed.). Short submission advanced by learned counsel for the petitioner is, by virtue of enactment of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the Special Act) and also by virtue of Regulation 5.2 (B) and (C) of the Notification dated 28.11.2014 (hereinafter referred to as the Special Regulation), National Council for Teacher Education (hereinafter referred to as the N.C.T.E.), the qualification required by teaching faculty for B.Ed. course, as prescribed by the N.C.T.E. would prevail. Regulation 5.2 of the Special Regulation (in that regard) read as below:
B. Perspectives in Education or Foundation C
The qualifications prescribed by the N.C.T.E. under the National Council for Teacher Education Act, 1993, take precedence over those set by the U.G.C.
The NCTE is the only authority authorized to prescribe qualifications for teachers, and its prescribed qualifications must be followed by the State.
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The court ruled that differing qualifications for promotion and direct recruitment to the same post violate constitutional provisions and NCTE regulations, affirming B.Ed as essential for lecturer ro....
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
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