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HIGH COURT OF UTTARAKHAND
LAXMAN SINGH SAMANT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMNET :
Rakesh Thapliyal, J.
1. Appointment of the private respondents have been challenged by the petitioners who admittedly qualified TET Examination conducted by the State.
2. An advertisement was issued for appointment of the Assistant Teacher in primary institutions run by the State Government. The eligibility has been prescribed under 2012 Rules which was time to time amended in 2014 and lastly in 2016, and after last amendment of 2016, the advertisement was issued on 17.02.2016. Mr. V.B.S. Negi, learned senior counsel argued that 2016 amendment is based upon the NCTE Notification of 2010 followed by the subsequent notification of 2014 whereby relaxation was given to those candidates who were having B.Ed degree to qualify TET examination. He submits that as per 2014 Rules only TET trained are eligible to be appointed as Assistant Teacher in primary institution run by the State Government. He submits that so far as CTET qualified students are concerned, they are not eligible to be appointed as Assistant Teacher run by the State Government rather they are eligible to be appointed in the primary institutions run by the Central Government. In support of his argument, he refers Se
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The requirement of passing TET applies solely to direct recruitment, not to promotions, allowing those appointed before key notifications to continue in service without it.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
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.
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