Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain postsRule
15 is clear that minimum educational qualification for teachers laid
down by an authority authorized by the Central Government shall be
applicable for all schools referred to in clause (n) of Section 2. The
State Government in its turn on 07.09.2011 proceeded to authorize the
Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly
guidelines had also been issued to be complied with for passing T.E.T.
(Teacher Eligibility Test) Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934In
respect to teachers of Primary Schools maintained by the Board, Rules
1981 have been framed known as U.P. Basic Education (Teachers) Service
Rules, 1981, published in U.P. Gazette (Extra Ordinary) on 03.01.1981.
The application of these rules is provided in Rule 3, as under:
"Extent of application.- These rules shall apply to :
(i) All teachers of local bodies transferred to the Board under Section 9 of the Act; and
(ii) all teachers employed for the Basic and Nursery Schools established by the Board."
Rule
4 deals with the strength of the service. Rule 5deals with the source
of recruitment. Rule 6 deals with the age. Rule 8 deals with the
academic qualifications and mentions that essential qualification of the
candidates for appointment to a post referred to in clause (5) of rule 5
would be as shown below against each. Rule 8 is being extracted below:
"8.
Academic
Qualifications:- The essential qualifications of candidates for
appointment to a post referred to in clause (a) of Rule 5 shall be as
shown below against each:
Post
Academic Qualifications
(I) Mistress of Nursery school
Certificate
of teaching (Nursery) from a recognized training institution in Uttar
Pradesh or any other training qualification recognized by the Government
as equivalent thereto
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto together with
the training qualification consisting of a Basic Teacher's Certificate,
Hindustani Teacher's Certificate, Junior Teacher's Certificate,
Certificate of Teaching or any other training course recognized by the
Government as equivalent thereto:
Provided that the essential
qualification for a candidate who has passed the required training
course shall be the same which was prescribed for admission to the said
training course.
(2)
The
essential qualifications of candidates for appointment to a post
referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for
teaching Science, Mathematics, Craft or any language other than Hindi
and Urdu shall be as follows:
(I)A Bachelor's Degree from a
University established by law in India or a Degree recognized by the
Government as equivalent thereto with Science, Mathematics, Craft or
particular language, as the case may be, as one of the subjects, and
(II)Training
qualification consisting of a Basic Teacher's Certificate, Hindustani
Teacher's Certificate, Junior Teacher's Certificate, Certificate of
Teaching or any other training course recognized by the Government as
equivalent thereto.
(3)
The
minimum experience of candidates for appointment to a post referred to
in clause (b) of Rule 5 shall be as shown below against each:
Post
Experience
(i) Head Mistress of Nursery School
At least five years' teaching experience as permanent Mistress of Nursery School
(ii) Headmaster or Head Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School
At
least five years' teaching experience as permanent Assistant Mistress
or Assistant Master of Junior Basic School, Assistant Master or
Assistant Mistress of Junior Basic School and Assistant Master or
Assistant Mistress of Senior Basic School
(iii) Head Master or Head Mistress for Senior Basic School
At
least five years' experience as permanent Head Master or Head Mistress
of Junior Basic School or permanent and Assistant Master or Assistant
Mistress of Senior Basic School, as the case may be.
Provided that if
sufficient number of suitable or eligible candidates are not available
for promotion to the posts mentioned as serial numbers (ii) or (iii) the
field of eligibility may be extended by the Board by giving relaxation
in the period of experience.
(4)
The
essential qualifications of candidates for appointment to the post
referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of
Rule 5 for teaching Urdu Language shall be as follows:
(i)
A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto with Urdu as
one of the subjects.
Note: A candidate who does not possess the
aforesaid qualification in Urdu shall be eligible for appointment if he
possesses a Master's Degree in Urdu.
(ii)
Basic
Teacher's Certificate from any of the training centers in Lucknow,
Agra, Mawana in district Meerut and Sakaldiha in district Chandauli
established by the Government for imparting training for teaching Urdu
or any other training qualification recognized by the Government as
equivalent thereto."
Rule 10 of the aforesaid Rules deals with
the authority of relaxation for ex-servicemen and certain other
categories, which is inclusive of compassionate appointment also, and
the same reads as below:
"10. Relaxation for ex-servicemen and
certain categories.- Relaxation, if any, from the maximum age limit,
educational qualifications or/and any procedural requirements of
recruitment in favour of the ex-servicemen, disabled military personnel,
dependents of military personnel dying in action, dependents of Board's
servants dying in harness and sportsmen, in accordance with the general
rules and orders of the Government in this behalf in force at the time
of recruitment."
Rule 14 deals with determination of vacancies and preparation of list.
Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts/ Rule
16 deals with constitution of selection committee. Rule 17 deals with
procedure for direct recruitment to a post for teaching a language. Rule
17A deals with procedure for direct recruitment to a post for teaching
subjects other than language. Rule 18 deals with deals with procedure
for recruitment by promotion. Rule 19 deals with appointment.
In
respect of planned and coordinated development for teachers education,
the provisions of 1993 Act has been enforced. This is a Central Act
enacted by Parliament and after receiving assent of the President on
29.12.1993 was published in the Gazette of India, (Extra.) Part II,
Section 1, dated 30.12.1993. Section 1(3) provides that Act 1993 shall
come into force on such date as the Central Government may appoint by
notification in initial gazette. Pursuant thereto the Central Government
by notification dated 1.07.1995 appointed the same day i.e. 01.7.1995
for enforcement of Act 1993.
The Act 1993 was enacted with an
objective of achieving planned and coordinated development for teacher
education system throughout the country, the regulation and properly
maintenance of norms and standards in teacher education system and for
matters connected therewith. The Act 1993 contemplates establishment of a
council called as "National Council For Teacher Education" (hereinafter
referred as "NCTE") and its functions are enumerated in detail in
Section 12 of Act 1993. It clearly talks of planned and co-ordinated
development of teacher education, and determination and maintenance of
standards for teacher education. It is in this regard various subjects
and functions of NCTE have been enumerated in Section 12 from Clauses
(a) to (n).
The Act 1993 contemplates recognition and permission of
NCTE for running courses or training in teacher education. Section 17
provides, if course or training in teacher education has been imparted
or obtained in violation of the provisions of the Act, such course or
training shall not be treated a valid qualification for the purpose of
employment under Central Act, State Government, University, any
School/College or other educational body aided by Central or the State
Government. The restriction imposed by Section 17(4) is only to the
extent that a training or course in teacher education which does not
conform to the various provisions of Act 1993 shall not be a valid
qualification for employment as stated above, and nothing more and
nothing less. The entire Act 1993 does not talk of the manner in which
appointments of teachers shall be made, the eligibility to be laid down
for appointment of teachers in Primary Schools etc. except
qualification. It is confined to the standard and quality of teachers'
education. NCTE can lay down minimum qualification which may be
prescribed for appointment of a teacher but it does not control the
mode, manner and other relevant provisions regarding recruitment and
appointment of such teachers. In State of U.P. and Others Vs. Bhupendra
Nath Tripathi and Ors. 2010 (5) ESC 630, the Apex Court has clarified
this situation that NCTE can lay down minimum qualification for
appointment of teacher by competent appointing authority or the
authority competent to frame rules and regulations may lay down any
qualification over and above the minimum qualification prescribed by
N.C.T.E.
Article 41 in Part IV (Directive Principles of State Policy)
provides that the State shall, within the limits of its economic
capacity and development, make effective provision for securing right to
work, to education etc. Similarly Article 45 provides that State shall
endeavour to provide, within a period of ten years from the commencement
of Constitution, free and compulsory education for all children until
they complete the age of fourteen years. Said provisions have come up
before Apex Court Court in Mohini Jain Vs. State of Karnataka, AIR 1992
SC 1858 and Unni Krishnan J.P. Vs. State of A.P., AIR 1993 SC 2178 and
the cases followed thereafter observing Primary Education to children
from age of 6 to 14 years as a constitutional right, efforts were made
by Governments, Central and State both, to expand primary education by
establishing primary schools at Village Panchayat level in a major way
and this really gave opportunity to open number of new schools and
correspondingly increase in number of teachers requiring to man these
institution. Parliament also recognized above right by inserting Article
21A in the Constitution i.e. 'Right to Education', by Constitution
(86th Amendment) Act, 2002, and, simultaneously inserted Clause (k) in
Article 51A vide Section 4 of Constitution (86th Amendment) Act, 2002.
The Parliament also in furtherance of the above constitutional
provisions, come forward by enacting Act 2009 published in Gazette of
India on 27.8.2009. By virtue of Section 1(3) of Act 2009, it has been
given effect from 01.4.2010.
One of the major change it has brought,
besides other, is that no Primary School other than a school
established, owned or controlled by the appropriate Government or local
body after commencement of 2009 Act shall be established or function
without obtaining a certificate of recognition from such authority, as
may be prescribed. For the purpose of seeking recognition, the school
has to conform the norms and standard specified in Section 19 of Act
2009 read with the schedule appended thereto. The Act 2009, vide Section
23(1), also provides that any person possessing such minimum
qualification, as laid down by an academic authority authorized by the
Central Government, by notification, shall be eligible for appointment
as a teacher.
Section 23 (2) of the Right of Children to Free and
Compulsory Education Act, 2009 further proceeds to mention that where a
State does not have adequate institutions offering courses for training
in teacher education or teachers possessing minimum qualifications as
laid down under sub-section (1) are not available in sufficient numbers,
the Central Government may, if it deems necessary, by notification
relax the minimum qualifications required for appointment as a teacher,
for such period, not exceeding five years, as may be specified in that
notification. A proviso has also been added to the aforesaid sub-section
(2) of Section 23 mentioning that a teacher who at the commencement of
this Act, does not possess minimum qualification as laid down under
sub-section (1), shall acquire such minimum qualification within a
period of five years. For the sake of convenience the provisions of
sub-sections (1) and (2) of Section 23 are being excerpted below:
"23.
Qualifications for appointment and terms and conditions of service of
teachers.- (1) Any person possessing such minimum qualifications, as
laid down by an academic authority authorized by the Central Government
by notification shall be eligible for appointment as a teacher.
(2)
Where a State does not have adequate institutions offering courses for
training in teacher education or teachers possessing minimum
qualifications as laid down under sub-section (1) are not available in
sufficient numbers, the Central Government may, if it deems necessary,
by notification relax the minimum qualifications required for
appointment as a teacher, for such period, not exceeding five years, as
may be specified in that notification.
Provided that a teacher who at
the commencement of this Act, does not possess minimum qualification as
laid down under sub-section (1), shall acquire such minimum
qualification within a period of five years.
In exercise of
powers conferred by Section 38 of 2009 Act, Rules have been framed and
the same have been published in the gazette dated 09.04.2010. Part VI of
the said Rules deals with the term "teacher". Rule 17 deals with
minimum qualification, rule 18 deals with relaxation of minimum
qualification, rule 19 deals with acquiring minimum qualifications.
Rules 17, 18 and 19 of the aforesaid Rules are being quoted below:
"17.
Minimum Qualifications.- (1) The Central Government shall, within one
month of the appointed date, notify an academic authority for laying
down the minimum qualifications for a person to be eligible for
appointment as a teacher.
(2)The academic authority notified under
sub-rule (1) shall within three months of such notification, lay down
the minimum qualifications for a person to be eligible for appointment
as a teacher in an elementary school.
(3)The minimum qualifications
laid down by the academic authority referred in in sub-rule (1) shall be
applicable for every school referred to in clause (n) of Section 2.
18.
Relaxation of minimum qualifications.- (1) The State Government and
Union Territory shall, within six months from commencement of the Act,
estimate the teacher requirements as per the norms in the Schedule of
all schools referred to in clause (n) of Section 2
(2) Where as State
Government or Union Territory does not have adequate institutions
offering courses or training in teacher education, or persons possessing
minimum qualifications as notified in sub-rule (2) of rule 17 are not
available in sufficient numbers in relation to the requirement of
teachers estimated under sub-rule (1) the State Government or the Union
Territory shall request, within one year of the commencement of the Act,
the Central Government for relaxation of the prescribed minimum
qualifications.
(3)
On
receipt of the request referred to in sub rule (2), the Central
Government shall examine the request of the State Government or the
Union Territory and may, by notification relax the prescribed minimum
qualifications.
(4) The notification referred to in sub rule (3)
shall specify the nature of relaxation and the time period, not
exceeding thee years, but not beyo9nd five years from the commencement
of the Act, within which the teachers appointed under the relaxed
conditions acquire the minimum qualifications specified by the academic
authority notified under sub-section (1) of Section 23.
(5)
After
six months from the commencement of the Act, no appointment of teacher
for any school can be made in respect o any person not possessing the
minimum qualifications notified in sub-rule (2) of Rule 17, without the
notification of relaxation referred to in sub-rule (3).
(6) a person
appointed as a teacher within six months of the commencement of the Act,
must possess as least the academic qualifications nor lower than
higther secondary school certificate or equivalent.
19. Acquiring
minimum qualifications. - (1) The State Government and Union Territory
shall provide adequate teacher education facilities to ensure that all
teachers in schools referred to in sub-clause (I), and schools owned and
managed by the Central Government or the State Government or Union
Territory or local authority under sub-clause (iii) of clause (n) of
Section 2, who doe not possess the minimum qualifications laid down
under sub-rule (2) of rule 17 at the time of commencement of the Act, to
acquire such minimum qualifications within a period of five years from
the commencement of the Act.
(2)
For
a teacher, or a school referred to in sub-clause (ii) and (iv) of
clause (n) of Section 2 and of a school referred to in sub clause (iii)
of clause (n) of Section 2 not owned and managed by the Central
Government, State Government or Union Territory or local authority, who
doe not possess the minimum qualifications laid down under sub-rule (2)
of rule 17 at the time of commencement of the Act, the management of
such school shall enable such teacher to acquire such minimum
qualifications within a period of five years from the date of
commencement of the Act."
In exercise of powers conferred by
sub-section (1) of Section 23 of 2009 Act, the Central Government has
authorized the National Council for Teachers Education (NCTE) as
Academic Authority to lay down minimum qualifications for a person to be
eligible for appointment as teacher. In exercise of the said authority,
the N.C.T.E. has proceeded to lay down minimum qualifications for a
person to be eligible for appointment as teacher. Said Notification has
been published on 23.08.2000, and thereafter fresh notification has been
issued with modifications on 29.07.2011. Relevant extract of the same
is extracted below:
"NATIONAL COUNCIL FOR TEACHER EDUCATION
NOTIFICATION
New Delhi, the 29th July, 2011
F.No.61-1/2011/NCTE/N&S).-In
exercise of the powers conferred by sub-section (1) of the Section 23
of Right of Children to Free and Compulsory Education Act, 2009 (35 of
2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st
March, 2010 issued by the Department of School Education and Literacy,
Ministry of Human Resource Development, Government of India, the
National Council for Teacher Education (NCTE) hereby makes the following
amendments to the Notification No.215 dated 25th August, 2010 published
in the Gazette of India, Extraordinary, Part-III, Section-4, vide
F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010, laying down
the minimum qualifications for a person to be eligible for appointment
as a teacher (hereby referred to as the Principal Notification), namely
:-
(I) For sub-para (i) of para 1 of the Principal Notification, the following shall be substituted, namely:-
1. Minimum Qualifications:-
(i) Classes I-V
(a)
Senior Secondary (or its equivalent) with at least 50% marks and 2-year
Diploma in Elementary Education (by whatever name known)
OR
Senior
Secondary (or its equivalent) with at least 45% marks and 2-year
Diploma in Elementary Education (by whatever name known), in accordance
with the NCTE (Recognition Norms and Procedure), Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary Education (by whatever name known)
AND
(b)
pass in the Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines 16
framed by the NCTE for the pourpose.
(II) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :-
1 (ii) Classes VI - VIII
(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)
OR
Graduation with at 50% marks and 1-year Bachelor ion Education (B.Ed.)
OR
Graduation
with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in
accordance with the NCTE (Recognition Norms and Procedure) Regulations
issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed.
OR
Graduation with at least 50% marks and 1-year B.Ed. (Special Education)
AND
(b) Pass in Teacher Eligibility Test (TET), to be conducted by the 17
appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.
(III) For para 3 of the Principal Notification the following shall be substituted, namely:-
(i)
Training to be undergone:-A person - (a) with Graduation with at least
50% marks and B.Ed. qualification or with at least 45% marks and 1-year
Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition
Norms and Procedure) Regulations issued from time to time in this regard
shall also be eligible for appointment to Class I to V up to 1st
January, 2012, provided he/she undergoes, after appointment, an NCTE
recognized 6-month Special Programme in Elementary Education;
(b)
with D.Ed. (Special Education) or B.Ed. (Special Education)
qualification shall undergo, after appointment an NCTE recognized
6-month Special Programme in Elementary Education.
(ii) Reservation Policy :
Relaxation
up to 5% in the qualifying marks shall be allowed to the candidates
belonging to reserved categories, such as ST/ST/OBC/PH.
(IV) For para 5 of the Principal Notification, the following shall be substituted, namely:-
5.(a)
Teacher appointed after the date of this notification in certain
cases:-Where an appropriate Government or local authority or a shool has
issued an advertisement to initiate the process of appointment of
teachers prior to the date of this Notification, such appointments may
be made in accordance with the NCTE (Determination of Minimum
Qualifications for Recruitment of Teachers in Schools) Regulations, 2001
(as amended from time to time).
(b)The minimum qualification
norms referred to in this Notification apply to teachers of Languages,
Social Studies, Mathematics, Science, etc. In respect of teachers for
Physical Education, the minimum qualification norms for Physical
Education teachers referred to in NCTE Regulation dated 3rd November,
2001 (as amended from time to time) shall be applicable. For teachers of
Art Education, Craft Education, Home Science, Work Education, etc. the
existing eligibility norms prescribed by the State Governments and other
school managements shall be applicable till such time the NCTE lays
down the minimum qualifications in respect of such teachers."
A
perusal of the aforesaid notification would go to show that minimum
qualification has been provided for a person to be eligible for
appointment as teacher and in addition to it, it has also been provided
that the incumbent has to pass Teacher Eligibility Test (T.E.T.) to be
conducted by the appropriate Government in accordance with the
guidelines framed by the N.C.T.E. for the purpose and paragraph 5 (a)
and 5 (b) of said circular has carved out exception to the applicability
of said Circular. In the State of U. P. Rules have been framed known as
U.P. Right of Children to Free and Compulsory Education Rules, 2011,
and therein part VI thereof deals with ''teacher'. Rule 15 deals with
minimum qualification of teachers, rule 16 deals with relaxation of
minimum qualification, rule 17 deals with acquiring of minimum
qualifications. Said Rules have been enforced with effect from 27th
July, 2011. The aforesaid Rules 15, 16 and 17 of the aforesaid Rules are
being quoted below:
"15. Minimum qualification of teachers
(Section 23 (1).- The minimum educational qualifications for teachers
laid down by an authority authorized by the Central Government, by
notification, shall be applicable for every school referred to in clause
(n) of Section 2.
16.Relaxation of minimum qualification (Section 23
(2).- (1) The State Government shall estimate the teacher requirement
as per the norms in the Schedule for all schools referred to in clause
(n) of Section 2 within the State.
(2)
If
teachers possessing prescribed minimum qualifications are not available
as estimated under sub-rule (1), then the State Government shall
request the Central Government by 31st March, for relaxation of the
prescribed minimum qualification.
(3) The State Government shall take
necessary action after the notification issued by the Central
Government, for relaxation in the minimum qualification on the request
under sub-rule (2).
(4)
The
relaxation from minimum qualifications shall be for maximum period of
five years from the commencement of the Act, i.e. till 31st March, 2015,
within such period the teachers appointed under relaxed condition shall
acquire the minimum educational qualifications prescribed under rule
15.
(5)
No
appointment of teacher for any school can be made in respect of any
person not possessing the minimum qualifications prescribed under rule
15 without the notification referred to in sub-rule (3).
17.
Acquiring
of minimum qualification (proviso to Section 23 (2).- The State
Government shall made a request to the academic authority notified by
the Central Government for enhancement of capacity of teacher education
and for providing required facilities for distant mode teacher training
to ensure that all teachers in schools established, owned or controlled
by the State Government or a local authority or specified schools, who
do not possess the minimum qualifications laid down under Rule 15 at the
time of commencement of the Act, acquire such minimum qualifications
within a period of five years from the commencement of the Act. The
State Government shall after obtaining the approval as per requirement
provide for training of all such teachers.
(2) The management of
aided or unaided schools shall enable such teachers, who do possess the
minimum qualifications laid down under Rule 15 at the time of
commencement of the Act, to acquire the same within a period of five
years from the commencement of the Act."
Thereafter, in the State
of U.P. amendment has been introduced in the U.P. Basic Education
(Teachers) Service Rules, 1981 on 09.11.2011, and Rule 8 thereof has
been amended known as U.P. Basic Education (Teachers) Service (Twelfth
Amendment) Rules, 2011 . A chart containing existing rule as well as
amended rule is being extracted below:
Column -I Existing Rule
Column-II Rule as hereby substituted
"8.
Academic
Qualifications:- The essential qualifications of candidates for
appointment to a post referred to in clause (a) of Rule 5 shall be as
shown below against each:
"8.
Academic
Qualifications:- The essential qualifications of candidates for
appointment to a post referred to in clause (a) of Rule 5 shall be as
shown below against each:
Post
Academic Qualifications
Post
Academic Qualifications
(i) Mistress of Nursery School
Certificate
of teaching (Nursery) from a recognized training institution in Uttar
Pradesh or any other training qualification recognized by the Government
as equivalent thereto
Mistress of Nursery School
Bachelor's
Degree from a University established by law in India or a degree
recognized by the Government as equivalent thereto together with the
Certificate of teaching (Nursery) from recognized training institution
of Uttar Pradesh or any other training course recognized by the
Government as equivalent thereto and have passed teacher eligibility
test conducted by the Government of Uttar Pradesh.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto together with
the training qualification consisting of a Basic Teacher's Certificate,
Hindustani Teacher's Certificate, Junior Teacher's Certificate,
Certificate of Teaching or any other training course recognized by the
Government as equivalent thereto:
Provided that the essential
qualification for a candidate who has passed the required training
course shall be the same which was prescribed for admission to the said
training course.
(ii) Assistant Master and Assistant Mistress of Junior Basic School
Bachelor's
degree from a University established by law in India or a degree
recognized by the Government as equivalent thereto together with any
other training qualification consisting of a Basic Teacher's Certificate
(BTC), two years' BTC (Urdu) Vishist BTC and have passed teacher
eligibility test conducted by the Government of Uttar Pradesh.
(2)
The
essential qualifications of candidates for appointment to a post
referred to in sub-clause (iii) and (iv) of clause (h) of Rule 5 for
teaching Science, Mathematics, Craft or any language other than Hindi
and Urdu shall be as follows:
(2)
The
essential qualifications of candidates for appointment to a post
referred to in sub-clause (iii) and (iv) of clause (b) of Rule 5 for
teaching Science, Mathematics, Craft or any language other than Hindi
and Urdu shall be as follows:
(i) A Bachelor's Degree from a
University established by law in India or a Degree recognized by the
Government as equivalent thereto with Science, Mathematics, Craft or
particular language, as the case may be, as one of the subjects, and
(I)
A Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto with Science,
Mathematics, Craft or particular language, as the case may be, as one of
the subjects, and
(ii) Training qualification consisting of a Basic
Teacher's Certificate, Hindustani Teacher's Certificate, Junior
Teacher's Certificate, Certificate of Teaching or any other training
course recognized by the Government as equivalent thereto.
(ii)
Training qualification consisting of a Basic Teacher's Certificate,
Certificate of Teaching or any other training course recognized by the
Government as equivalent thereto and have passed teacher eligibility
test conducted by the Government of Uttar Pradesh.
(iii) Head Master or Head Mistress for Senior Basic School
At
least five years' experience as permanent Head Master or Head Mistress
of Junior Basic School or permanent and Assistant Master or Assistant
Mistress of Senior Basic School, as the case may be.
Provided that if
sufficient number of suitable or eligible candidates are not available
for promotion to the posts mentioned as serial numbers (ii) or (iii) the
field of eligibility may be extended by the Board by giving relaxation
in the period of experience.
(iii) Head Master or Head Mistress for Senior Basic School
At
least three years' experience as permanent Head Master or Head Mistress
of Junior Basic School or permanent and Assistant Master or Assistant
Mistress of Senior Basic School, as the case may be.
Provided that if
sufficient number of suitable or eligible candidates are not available
for promotion to the posts mentioned at serial numbers (ii) or (iii) the
field of eligibility may be extended by the Board by giving relaxation
in the period of experience.
(4)
The
essential qualifications of candidates for appointment to the post
referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of
Rule 5 for teaching Urdu Language shall be as follows:
(4)
The
essential qualifications of candidates for appointment to the post
referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of
Rule 5 for teaching Urdu Language shall be as follows:
(i)
A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto with Urdu as
one of the subjects.
Note: A candidate who does not possess the
aforesaid qualification in Urdu shall be eligible for appointment if he
possesses a Master's Degree in Urdu.
(i)
A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto with Urdu as
one of the subjects.
Note: A candidate who does not possess the
aforesaid qualification in Urdu shall be eligible for appointment if he
possesses a Master's Degree in Urdu.
(ii)
Basic
Teacher's Certificate from any of the training centers in Lucknow,
Agra, Mawana in district Meerut and Sakaldiha in district Chandauli
established by the Government for imparting training for teaching Urdu
or any other training qualification recognized by the Government as
equivalent thereto.
(ii)
Basic
Teacher's Certificate from any of the training centers in Lucknow,
Agra, Mawana in district Meerut and Sakaldiha in district Chandauli
established by the Government for imparting training for teaching Urdu
or any other training qualification recognized by the Government as
equivalent thereto or Basic Teacher's Certificate (BTC) (Urdu) and have
passed teacher eligibility test conducted by the Government of Uttar
Pradesh.
5. The essential qualifications of candidates having
proficiency in Urdu for appointment to the posts referred to in
sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium
shall be as follows:
5. The essential qualifications of candidates
having proficiency in Urdu for appointment to the posts referred to in
sub-clause (ii) of clause (a) of Rule 5 for teaching in Urdu medium
shall be as follows:
(i) A Bachelor's Degree from a University
established by law in India or a Degree recognized by the Government as
equivalent thereto. The qualifications for proficiency in Urdu will be
such as may be prescribed from time to time by the Government.
(i) A
Bachelor's Degree from a University established by law in India or a
Degree recognized by the Government as equivalent thereto. The
qualifications for proficiency in Urdu will be such as may be prescribed
from time to time by the Government.
(ii) Training qualifications of two years B.T.C. Urdu special training course.
(ii)
Training qualification of two years B.T.C. Urdu special training course
and have passed teacher eligibility test conducted by Government of
Uttar Pradesh
In respect of grant of compassionate
appointment under 1981 Rules, there is no specific provision. Rule 10 of
the 1981 Rules talks of relaxation and the State Government in its turn
has issued Government Order on 04.09.2000 dealing with the grant of
compassionate appointment. Relevant extract of the said Government Order
is being quoted below:
On the parameters of the provisions
quoted and discussed above, the case in hand is being looked into. Each
one of the petitioners, claims to have been appointed in consonance with
the Government Order dated 04.09.2000. In the said Government Order a
specific provision has been provided therein that all those incumbents
who fulfill the requisite educational qualification, but do not have
training qualification, they can move application for grant of
compassionate appointment and the said incumbent would be offered
appointment and shall be sent for training of B.T.C. course in the
respective District Institutes of Education and Training, and after they
successfully complete the training, they would be offered appointment
on regular basis. However, in case an incumbent fails to pass the
aforesaid examination, his candidature would automatically stand
cancelled and he would be offered appointment on class IV post and his
claim may also be considered for appointment against class III post as
per the exigency.
The moot question before this Court is that
when the provisions of the Right of Children to Free and Compulsory
Education Act, 2009 have been enforced and necessary eligibility
criteria has been fixed for being appointed as a teacher in the
institutions defined under Section 2 (n) of the said Act, then as to
whether appointment of an untrained person as teacher is feasible or
not? by invoking the provisions of relaxation in the matter of
compassionate appointment.
The Right of Children to Free and
Compulsory Education Act, 2009 has been enforced with effect from 27th
August 2009 in the belief that the value of equality, social justice,
democracy and creation of just a humane society can be achieved only
through the elementary education to all. The provisions of the Right of
Children to Free and Compulsory Education Act, 2009 also aims at
including the children from disadvantaged group and weaker sections to
get education, in consonance with the provisions of Article 21A of the
Constitution. Apart from dealing with the right of children to free and
compulsory education and making of special provision in the said
direction, the Parliament has taken care of the fact that the teachers
who are there to impart education, they should have also certain
qualification for being appointed, and in view of this clear cut mandate
has been made under Sub-section (1) of Section 23 of the said Act, that
person possessing such minimum qualification as laid down by the
academic authority authorized by the Central Government by notification,
shall be eligible for being appointed as teacher. Sub-section (2) of
Section 23 of 2009 Act gives liberty to the State Government to collect
data of the adequacy of the institutions offering courses of training
education, and in case teachers possessing minimum qualifications are
not available in sufficient number, requesting Central Government to
relax the minimum qualification required for appointment as a teacher,
for such period not exceeding five years, as may be specified in the
notification. A proviso has also been added providing that a teacher who
at the commencement of this Act, does not possess minimum qualification
as laid down under sub-section (1), shall acquire such minimum
qualification within a period of five years. Apex Court in the case of
State of U.P. vs. Bhupendra Nath Tripathi, 2010 (3) SCC 238, apart from
holding that State can fix higher qualification, has taken the view that
proper training of teacher is integral aspect in effectuation of right
of education. Right conferred under Article 21A of the Constitution
would remain illusory in the absence of State taking adequate steps to
have required number of schools manned by efficient and qualified
teachers. Precise mention has been made that before teachers are allowed
to teach the children, they are required to receive appropriate and
adequate training from duly recognized training institute.
The
authority to fix minimum qualification has been out sourced by the
Central Government and the NCTE has been declared as authorized academic
authority to lay down minimum qualification for a person to be eligible
for being appointed as teacher. The N.C.T.E. in its turn has proceeded
to notify the educational qualification on 05.04.2010 as is required by
Section 23 (2) of the 2009 Act and different sets of minimum
qualifications have been provided for teachers for class I to V and
class VI to class VIII with requirement to pass T.E.T. to be conducted
by the appropriate Government in accordance with the guidelines framed
for the purpose. The T.E.T. as such has to be conducted by the State
Government. For the purpose of implementation of 2009 Act Rules have
also been framed known as U.P. Right of Children to Free and Compulsory
Education Rules, 2011 and the said Rules have been enforced with effect
from 27th July, 2011. Said Rules have been framed in supercession of all
existing rules and orders on the subject,
and
Rule 15 is clear that minimum educational qualification for teachers
laid down by an authority authorized by the Central Government shall be
applicable for all schools referred to in clause (n) of Section 2. The
State Government in its turn on 07.09.2011 proceeded to authorize the
Madhyamik Shiksha Parishad to hold the T.E.T., and accordingly
guidelines had also been issued to be complied with for passing T.E.T.
(Teacher Eligibility Test)
लखनऊ।
राज्य सरकार की मंशा थी कि इस साल से बीटीसी सत्र नियमित कर दिया जाएगा। इसके लिए संबद्धता
देने और दाखिले के बाद एक अक्तूबर से सत्र शुरू करने का कार्यक्रम जारी किया गया था
लेकिन कुछ खामियों के चलते सत्र इस बार भी देर से शुरू हो पाएगा। राज्य शैक्षिक अनुसंधान
प्रशिक्षण परिषद (एससीईआरटी) ने संशोधित आवेदन पत्र जमा करने की अंतिम तिथि जहां 4
अक्तूबर तक बढ़ा दी है, वहीं अभी 260 निजी कॉलेज संबद्धता की लाइन में हैं।
