UPTET 2011 : 72825 Teacher Recruitment Case , Allahabad High court Doble Bench Change at new Judges - Justice Laxmi Kanta Mohapatra and Justice Sunita Agarwal will hear the case

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As per some sources Bench comprising Justice Harkoli has changed and new Judges - Justice Laxmi Kanta Mohapatra and Justice Sunita Agarwal  will hear the caseon 8th July 2013

About Justice Laxmi Kanta Mohapatra -

Name	Hon’ble Mr. Justice Laxmi Kanta Mohapatra  Member Administrative Comm.
Source	Bar
Date of Birth	10/06/1954
Initial Joining	16/09/1999
Joining at Allahabad	17/10/2012
Date of Retirement	09/06/2016
Graduated in Law from M S Law College, Cuttack in 1977. Enrolled as an advocate on Jan 25, 1978. Practised mainly on Civil, Criminal, Service and Labour Laws. Was the retainer for South Eastern Railway, IPICOL, OSFC, Stock Exchange, Bhuwaneshwar, IMFA and others. Elevated as Judge of High Court of Orissa on Sep 16, 1999. Transferred to Allahabad High Court and took oath on Oct 17, 2012.
Posting	Allahabad
Address
E-mail Id	lkmohapatra@allahabadhighcourt.in

About Justice Sunita Agarwal  -

Name	Hon’ble Mrs. Justice Sunita Agarwal (Addl.) Administrative Judge for the District: Sonbhadra
Source	Bar
Date of Birth	30/04/1966
Initial Joining	21/11/2011
Joining at Allahabad	21/11/2011
Date of Retirement	29/04/2028
Graduated in the Law from Awadh University in the year 1989. Enrolled as an advocate on December 16, 1990. Practised in Civil side at Allahabad High Court. Elevated as Additional Judge on Nov 21, 2011.
Posting	Allahabad
E-mail Id	sunitaagarwal@allahabadhighcourt.in

Source : http://www.allahabadhighcourt.in
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Background of Case -
Hearing in Triple Bench and Decision And Important Parts (After this decision , Base of Selection etc matter
back to Double Bench of Allahabad High Court)  -

Our court is fully aware of the huge problems that are being faced in this branch of elementary education with the influx of temporary methods of providing instruction through teachers like Shiksha Mitra and Preraks. In this background, the emphasis of quality teachers attains more importance.

This norm therefore cannot be diluted. Apart from this, the State Government has to take notice of the fact that weightage has to be given in the recruitment process as well
We wish to clarify that the binding effect of the notifications and the guidelines is such that the weightage which is contemplated under the guidelines dated 11th February, 2011 cannot be ignored. The minimum score that is required of a candidate is 60% to pass the teacher eligibility test. A concession of 5% has been made in favour of the reserved category candidates including the physically challenged and disabled persons.
This norm therefore cannot be diluted. Apart from this, the State Government has to take notice of the fact that weightage has to be given in the recruitment process as well. It is for the State Government to suitably adopt the said guidelines and we do not wish to add anything further at this stage as we are only concerned with the essentiality of the qualification of the teacher eligibility test to be possessed by any candidate aspiring to be appointed as a teacher. 

We wish to make it clear that the law has to be followed in the manner in which it has been legislated. It cannot be diluted on account of the inaction of the State. In such circumstances all teachers whose appointment relate to the period after 23.8.2010 have to be possessed of TET.

There also the word qualification came up for consideration and the apex court after having noticed the requirement came to the conclusion that there has to be a uniform scrutiny of all the candidates as they are possessed of educational and training qualifications from different sources. 

The questions that have been therefore framed by us are answered as follows:-

1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.

2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.

3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a).

Let the judgement be accordingly placed before the respective benches for appropriate orders.

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2617665