Allahabad High Court
JAI PRAKASH SINGH AND 14 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The mandatory Teacher Eligibility Test (TET) qualification under the NCTE notification supersedes the BTC training certificate, so the petition for appointment is untenable.
Summary
The petitioners, Jai Prakash Singh and 14 others, filed a writ petition seeking to quash the order dated 10 June 2016 of the District Basic Education Officer, Shahjahanpur, and to obtain appointment as Assistant Teachers in Junior Basic Schools, contending that their BTC training certificates should be treated as valid qualifications. The petition also requested that the respondents consider them for appointment on this basis. The respondents, the State of Uttar Pradesh and others, opposed the relief, relying on a notification dated 23 August 2010 issued by the National Council for Teacher Education (NCTE). The Additional Chief Standing Counsel argued that the notification made the Teacher Eligibility Test (TET) a mandatory qualification for appointment as Assistant Teacher, rendering the BTC certificate insufficient. The Court examined whether the NCTE notification altered the qualification requirements for the post. Concluding that the mandatory TET requirement applied, the Court dismissed the writ petition.
Issues considered
- Whether the BTC training certificate qualifies a candidate for appointment as Assistant Teacher after the NCTE notification making TET mandatory.
- Whether the order of the District Basic Education Officer dated 10 June 2016 can be quashed on the ground of qualification requirements.
Subjects
- Assistant Teacher
- Basic Education
- BTC training certificate
- Teacher Eligibility Test
- NCTE notification
- Qualification requirement
- Writ petition
- Appointment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 46634 of 2016
Jai Prakash Singh And 14 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Khare
Counsel for Respondent(s) : C.S.C., Rashmi Tripathi, Santosh
Kumar
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Sanjeev Kumar Khare, learned counsel for the petitioner,
Ms. Anuradha Sundaram, learned Additional Chief Standing
Counsel, and learned counsel for the respondent-BSA.
The writ petition has been filed with the prayer to quash the order
dated 10.06.2016 passed by the District Basic Education Officer,
Shahjahanpur, and with a further prayer to direct the respondents to
forthwith accord consideration to the petitioner for appointment as
an Assistant Teacher in a Junior Basic School of District
Shahjahanpur, treating the BTC training certificate possessed by the
petitioner as a valid qualification.
Learned Additional Chief Standing Counsel submits that, after the
coming into force of the notification dated 23.08.2010, the NCTE
has made TET a mandatory qualification for appointment to the post
of Assistant Teacher. Accordingly, the relief as prayed for cannot be
granted.
In view of the aforesaid, the writ petition is dismissed.
(Mrs. Manju Rani Chauhan,J.)
September 29, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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