The main legal point established in the judgment is the mandatory nature of Teacher Eligibility Test (TET) qualification for the appointment of teachers in Government Primary School, emphasizing the importance of fulfilling statutory obligations and ensuring the appointment of qualified teachers.

Sharad Kumar Sharma, J.

The respondents/petitioners filed the writ petition challenging the Government order dated 4.3.2014 whereby the Government has exempted the requirement of qualification known as Teacher Eligibility Test (TET) for a set of B.T.C. qualifications holders. The contention of the petitioners was that they have under-went a training known as B.T.C. which is a necessary qualification for appointment to the post of teachers in an elementary schools as provided by Rules of 1981.

2. There were two sets of B.T.C. training teachers before the writ court, the difference between the two B.T.C. trained teachers was that one set the petitioner who has passed the B.T.C. by open competition, as they became eligible for admission in B.T.C. course, which would then enable them to clear their TET qualification.

3. Whereas on the other hand, the private respondents in the writ petition, who were not competent to undergo the training courses of B.T.C., but they claimed the benefit to be granted to them by the Government for their past services rendered as Shiksha Mitra as they were imparting education to the primary school children in remote areas of the State.

4. The petitioners’ contention in the writ petition was that the Government order issued on 4.3.2014 by which Shiksha Mitra, B.T.C. training has been exempted from qualifying Uttarakhand TET-1 and CTET-1, which happens to be a mandatory qualification for appointment as Assistant Teacher in Government Primary School. As per Rule 9 of Uttarakhand Rajkiya Prarambhik Shiksha Service Rules 2012 no exemption from TET could have been granted. The contention of the petitioners in the writ petition was that they have completed their regular B.T.C. training in the month of June 2012 along with Shiksha Mitra B.T.C. Trainee at various DIETS and in accordance with the Government Order dated 5.11.2005 issued by the State of Uttarakhand whereby a policy decision was taken by the State to start the B.T.C. course for Batch 2006-07 for appointment of Assistant Teachers in Government Primary School under the provisions of UP. Basic Education Teacher Service Rules 1981.

5. By the Government order it was decided that B.T.C. course for the batch 2006-07 would be started. The petitioner further submitted that on account of the fact that the Basic Education Act, 1972 was adopted by the State of Uttarakhand under the U.P. Reorganization Act, come. The Uttarakhand School Education Act of 2006, was had into existence and as a consequence of Section 60 of Uttarakhand School Education Act, 2006, the U.P. Basic Education Act was repealed.

6. By an advertisement dated 27.12.2005 a process of open competitive examination comprising of a written examination for appointment of teachers was to be held and the examination for the said course was to be conducted on 23.8.2009, but according to the petitioners who claim through open selection process was delayed and it could be started only on 26.4.2010.

7. The petitioners submitted that they were entitled to be considered in accordance with the Rules and Regulations as prevailing at the time when the selection process has commenced under open selection and their selection process would not be affected by any subsequent change of Rules against the post for which the selection has already started.

8. By the Government order dated 1.3.2009 the State Government took a decision that out of total 2900 Shiksha Mitra, 1300 Shiksha Mitra were already working in the Government Primary School in different Districts and they were held to be eligible for regular B.T.C. courses without any entrance examination, consequently 100 B.T.C. trainees, 100 Shiksha Mitra started their training in April, 2010 which ended in June, 2012.

9. Right to Education Act was brought into effect by 86th Constitutional Amendment when Article 21-A was amended and made part of the constitutional mandate, it provided for Right of Children to Free And Compulsory Education Act, 2009 which was pas