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HIGH COURT OF UTTARAKHAND
LAXMAN SINGH SAMANT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. Today in furtherance of previous arguments, Mr. Negi, learned Senior Counsel for the petitioners raised one more vital issue which, in fact, goes to the root of the matter. He submits that all the private respondents who have been given appointment in the Primary Institutions obtained CTET certificate after 2011, though, after 2011 no relaxation was granted to B.Ed. qualified candidate to appear in the CTET examination. In reference to this, Mr. Negi learned counsel bring to the notice of this Court the Notification of the NCTE dated 23.08.2010. Clause (1) of this Notification relates to the minimum qualification and clause (3) pertains to training, which are being reproduced herein as under:-
1. Minimum Qualification: (i)
(a) Senior Secondary or its equivalent with as least 50% marks and 2 year Diploma in Elementary education by whatever name known Senior Secondary or its equivalent with at least 45% marks and 2 year Diploma in Elementary education by Senoir Secondary or its equivalent with at least 50% marks and 2 year Diploma in education special education
And
b) Pass in the Teacher Eligibility Test TET to be conducted by the appropriate Government i
Candidates with B.Ed. qualifications obtained after 2011 were ineligible for CTET as per regulatory requirements, underscoring the necessity for rigorous verification by recruiting agencies.
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
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....
Mere certificate verification prior to the introduction of a new qualification requirement does not confer the right to appointment. The qualification for appointment, including the Teacher Eligibili....
The court established that D.El.Ed. is the sole qualification for primary school teachers, invalidating B.Ed. as a qualification and affirming the prospective application of its ruling.
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