PANKAJ PUROHIT
Neha – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
Since common question of law is involved in both the writ petitions, hence, the same are taken up and decided by this common judgment. For the sake of relevance, the facts of WPSS No.877 of 2022 are taken into consideration.
2. In both the writ petitions, petitioners have prayed for issuance of writ order in the nature of mandamus directing the respondents to consider the appointment of the petitioners according to the counseling dated 11.04.2022 of the selected candidates enlisted in the third waiting list, in which the control numbers of the petitioners were 022247 and 026792 respectively, for the post of Assistant Teacher (Primary School).
3. The facts in the nutshell are that the petitioner had passed her Secondary School Examination and Senior Secondary School Examination from National Institute of Open Schooling and thereafter, she pursued B.A. (Bachelor of Arts) from Bharati Vidyapeeth Deemed University, Pune. The petitioner appeared and qualified the course of Diploma in Education (Two years Course) from Board of Secondary Education, Madhya Pradesh, Bhopal and subsequently, she qualified Uttarakhand Teachers Eligibility Test (UTET) in 2018 from Boa
The court established that qualifications recognized by the NCTE are sufficient for teacher appointments, regardless of specific nomenclature in state rules.
The court established that qualifications recognized by the NCTE must be considered valid for teacher appointments, regardless of specific state rules.
The court established that qualifications recognized by the N.C.T.E. are valid for eligibility, even if not explicitly mentioned in state rules.
B.Ed. qualification alone is not sufficient for appointment as a teacher in Elementary/Primary Schools, as established by the judgment of the Hon’ble Supreme Court.
The validity of the TET certificate, eligibility for selection, and subsequent changes in the selection process influenced the court's decision.
The judgment established the principle that B.Ed. (Special Education) qualification holders were eligible for participating in the UTET-I/CTET-I examination based on the NCTE notification dated 28.06....
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