U.P. Basic Education (Teachers) Service Rules, 1981
Rule 15 deals with notification of vacancies and preparation of list of eligible candidates for certain posts
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)
Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934
In 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)
Source :
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1981934