Sunday, July 19, 2015

RTET SARKARI NAUKRI News- राजस्थान हाई कोर्ट Chief Justice Bench ने शिक्षा मित्रों / पेरा टीचर्स को बगैर टेट / सीधी भर्ती के बताया अवैध -

RTET SARKARI NAUKRI  News- राजस्थान हाई कोर्ट Chief Justice Bench ने शिक्षा मित्रों / पेरा टीचर्स को बगैर टेट / सीधी भर्ती के बताया अवैध  -


See  Judgement ->>>
UPTET 
Shiksha Mitra , Para Teacher  अगर आप लोगो की कोई राय / टिप्पणी हो तो ब्लॉग पोस्ट में नीचे लिंक है , जरूर करें

राजस्थान हाई कोर्ट के चीफ जस्टिस सुनील अम्ब्वानी और जस्टिस प्रकाश गुप्ता की बेंच ने विद्यार्थी मित्र (उत्तर प्रदेश में इन  पेरा शिक्षक को शिक्षा मित्र कहा जाता है ) को बगैर टेट / डायरेक्ट रिक्रूटमेंट के सही नहीं माना और स्पेशल अपील निस्तारित कर दी ।

उन्होंने शिक्षा में गुणवत्ता हेतु कई टिप्पणियां की और सुप्रीम कोर्ट के पूर्व निर्णय के कई अंशों को उद्धत किया



विद्यार्थी मित्रों / कॉन्ट्रेक्ट शिक्षकों  की सेकड़ो याचिकाएं सिंगल बेंच ने ख़ारिज करते हुए उनकी सेवा समाप्ति को सही मन था , इसके बाद उनके सस्पेशल अपील पर निर्णय भी उनके विरुद्ध आया , दुखदलगा  लेकिन न्याय तो अपनी जगह है , अगर भर्ती के कुछ नियम बने तो फिर उसका पालन
करते हुए न्याय ऐसे फैसले दे देता है , जो कई बार लोगो के लिए दुखद भी होते हैं

इस निर्णय में कई टेबल्स टेक्स्ट फॉर्म में नहीं आ पाई थी , और कुछ बातें पी डी ऍफ़ फाइल की छूट गयी , इसलिए पूरी कॉपी हाई कोर्ट की वेबसाइट पर देखें


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Important Parts >>>
The appellant-petitioner was engaged as 'Vidhyarthi Mitra'

The appellants in other Special Appeal are amongst a large number of persons, who were appointed as 'Vidhyarthi Mitras', in the School of Elementary Education

state in continuing with the Vidhyarthi Mitra Scheme and permitting the teaching by the unqualified persons in the schools run by the State is avowedly illegal, arbitrary and falls foul of Article 21A of the Constitution of India.

National Council of Teachers Education Act, by the NCTE, which has been declared as Academic Authority authorised by the Central Government by notification, it is not legally permissible to employ the teachers who have not passed the Teacher Eligibility Test  (‘TET’)

30.It is well settled that the regular posts in the cadre are required to be filled in by way of the regular
recruitment process under the Rules
. Of course, as noticed above, the urgent temporary appointment to the extent permissible under the Rules can be made till the availability of regularly selected candidates but then, the appointment on contractual basis is not envisaged under the relevant recruitment Rules. A




31. In this view of the matter, the Vidhyarthi Mitra Scheme introduced by the State Government providing for engagement of Vidhyarthi Mitra on contractual basis against the vacant posts of Teachers in various cadres ignoring the eligibility qualification prescribed and the procedure prescribed for the recruitment is ex facie dehors the relevant recruitment Rules


Najuk Umra Mein Bachhon ke Saath Supreme Court Ne Achhe Shikshkon Dwara Shiksha Par Jor Deeya Hai ->>>

The Hon'ble Supreme Court time and again has emphasized for  quality educations in the schools and deprecated the practice of employing unqualified untrained teachers to teach the children of tender age in the schools.


19. We are of the view that quality of education to be imparted to the children in the school cannot be compromised at any costs. Even if, there are vacancies, the posts  are not allowed to be filled up by teachers who are not trained and who are not


21. We also do not find any good ground to issue any directions to allow any ad hoc arrangement and declare that the State Government  shall not compromise with the legal position as explained by learned Single Judge. There shall be no recruitment of  Vidhyarthi Mitra nor any scheme will be made on ad hoc basis or of unqualified teacher or even qualified teacher de hors the service rules.

22. The Special Appeal is accordingly dismissed.


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1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: JUDGMENT: Hitesh Parihar

Vs.
State of Rajasthan & Ors.
D.B.Civil Special Appeal (W) No.21/2014
Date of Judgment :::  21 st    November 2014

HON’BLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI

HON’BLE MR.JUSTICE PRAKASH GUPTA

Dr.Nupur Bhati      )

Mr.Ravindra Singh ) for the appellant

Mr.B.L.Bhati, Government Counsel for the respondents

(Reportable)

BY THE COURT (Per Hon'ble Sunil Ambwani, Actg.CJ)

1.

The appellant-petitioner was engaged as 'Vidhyarthi Mitra', on contract in the year 2006 and thereafter to teach the students in Government Primary School, Chhipi, District Jalore.

His services were dispensed with on completion of  three months, after which, he was re-appointed on contract in the year 2009 and worked upto January 2010.


2. The appellants in other Special Appeal are amongst a large number of persons, who were appointed as 'Vidhyarthi Mitras', in the School of Elementary Education and the Schools of
Secondary Education on the vacancies of Teacher Gr.III, Senior Teachers and Lecturers  on contract for specified period, awaiting regular appointment by the State Government and Panchayats in the vacancies. 

3. A large number of writ petitions were filed by Vidhyarthi 2 Mitras to allow them to continue until regular appointments are made.  A batch of writ petitions led by  S.B.Civil Writ Petition
No.4652/2009 connected with 362 petitions  was decided by Jaipur Bench of this Court on 08.09.2009, declaring the last extension to be arbitrary and illegal; and  the consequential
automatic termination orders were set aside. 
The respondents were directed to consider the case of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by DPC for promotion are made available in the light of the observations made in the judgment.   It was observed that in case the regularly selected candidates from RPSC/persons selected and recommended by RPSC for promotion are made available, then the respondents can terminate services of the petitioners after preparation of the seniority list on the State level as per their date of appointment and merit assigned to them by following the principle of ‘last
come first go’ to the extent of availability of selected candidates keeping in view the interest of the present students and prospective students.

4. In  Devendra Kumar & Ors. Vs. State of Rajasthan (S.B.Civil Writ Petition No.2579/2009) and other 502 connected petitions, decided on 15.05.2009 , the judgment in  S.B.Civil Writ Petition
No.4652/2009 was followed.   

5. A Division Bench of this Court while issuing notices on the special appeals preferred by the State Government, dismissed the special appeals preferred by the petitioners vide judgment
dated 17.09.2009 in  Rajendra Kumar Saini Vs. State of Rajasthan: (2010(1) WLC 171)


6. In  Prahlad Kumar Sharma Vs. State of Rajasthan: (2010(3) WLC 619)
, the writ petitions were disposed of with directions that cases of the petitioners for transfer and absorption under the Rationalisation and Equalisation Policy in the Blocks/Tehsils and Districts as required by the Director, Elementary Education, Bikaner dated 26.06.2010 will be considered but shall not confer any right on the petitioners serving as Vidhyarthi Mitras to continue in the said position after the end of the academic session 2010-11 unless the State Government itself takes a
 decision otherwise in this regard.   The directions were given in respect of Vidhyarthi Mitras who had worked in the academic years 2008-09 and 2009-10 including those who had not workedon the academic year 2009-2010.  They were not held entitled to regularisation but if such Vidhyarthi Mitras make representations for the academic year 2010-11 their cases were directed to be
considered for re-employment.

7. The petitioner as well as other Vidhyarthi Mitras aggrieved by the termination of their services and refusal to continue them pursuant  to the decision taken by the State Government,  filed the writ petitions giving rise to this special appeal claiming the reliefs as were given in  Prahlad Kumar’s  case.

8.Learned Single Judge, by a detailed and erudite judgment, while taking into consideration the entire gamut of Service Rules and the norms laid down by the National Council for TeachersEducation (‘NCTE’)  established under the National Council for  Teachers Education Act, 1993;  Article 21A inserted vide Constitution (Eighty Sixth Amendment) Act, 2002;  the
4 enactment of the Right of Children to Free and Compulsory Education Act, 2009;  and the judgments of Hon’ble Supreme Court in Andhra Kesri Education Society Vs.  Director of School
Education: AIR 1989 SC 1983 and L.Muthu Kumar  & Anr. Vs. State of Tamil Nadu & Anr.: (2000) 7 SCC 618, has held that with the change in law and the notification dated 23.08.2010
issued under Section 23 of the National Council of Teachers Education Act, by the NCTE, which has been declared as Academic Authority authorised by the Central Government by notification, it is not legally permissible to employ the teachers who have not passed the Teacher Eligibility Test  (‘TET’)  which is to be conducted by appropriate government in accordance with the guidelines framed by NCTE.  It was also found that NCTE has already framed guidelines for conducting TET, which provides for academic qualifications; and that such qualifications have been incorporated by the State Government under Rule 266 of the Rajasthan Panchayati Raj Rules, 1996 (‘the Rules of 1996’)
quoted in the judgment.


9. The  perceptible change in law, as noticed by learned Single Judge, has also been accepted by the State of Rajasthan by amending Rules of 1996 and Section 89 of the Rajasthan Panchayati Raj Act, 1994 (‘Act of 1994’) by the Rajasthan Panchayati Raj (Amendment) Act, 2000 after which it was no
longer possible to allow any ad hoc arrangement to be continued. Learned Single Judge found that in view of the change in law by constitutional amendment and by regulations framed by NCTE by notification dated 23.08.2010 and amendments in the rules related to recruitment of teachers in
5the State of Rajasthan, the scheme of Shiksha Mitra which was an ad hoc scheme as stop gap arrangement until recruitment is made, has become unconstitutional.  It is useful to quote the observations made by learned Single Judge  in paragraphs 26 to 39 as follows:-

“26. It is to be noticed that as per Rule 263 of the Rules of 1996, specifically provides that subject to the provisions of the Rules and the directions of the Government, if any, the Panchayat Samiti or Zila Parishad shall determine and intimate the Committee (District Establishment Committee) every year the number of vacancies anticipated under each category during the year and the number of persons likely to be recruited by each method. That apart, Rule 284(1) of the Rules of 1996 mandates that in case no selection has been made or no person selected by the Committee is available at any time
for filling a vacancy, appointment may be made by the Appointing Authority on urgent temporary basis for a period not exceeding six months provided that such person shall be appointed only on contract basis with prior approval of the District Establishment Committee in case of Panchayats and approval of the State Government in case of Panchayat Samiti/Zila Parishad. Besides, as per Rule 284(2), if it is proposed to fill the vacancy by direct recruitment temporarily nearest Employment Exchange may be asked to send names of persons possessing required qualification at least five times the number of vacancies to be so filled and out of those persons, the
Appointing Authority shall appoint the persons suitable for the post.

27.  The recruitment to the post of Senior Teacher and School Lecturer is governed by the Rules of 1971 and Rules of 1970 respectively, framed by the Governor in exercise of the power conferred by proviso to Article 309 of the Constitution of India. The recruitment to the posts of Senior Teachers and School Lecturers are required to be made by direct recruitment as well as by promotion in
the proportion indicated in the Schedule attached to the 6 relevant recruitment Rules. The recruitment Rules specifically provides for yearwise determination of actual number of vacancies occurring belonging to the promotion and direct recruitment quota as on 1st  April every year. It is pertinent to note that in exercise of the power conferred by proviso to Article 309 of the Constitution of India, the
Governor of Rajasthan vide notification dated 23.9.08, promulgated Rajasthan Various Service (Fourth Amendment) Rules, 2008, which specifically provides that direct recruitment to the post specified in the Schedule shall be held at least once a year unless the Government decides that the direct recruitment for any of these posts shall not be held in any particular year. The Rules of 1970
and Rules of 1971 finds mention at serial No.20 and 52 of the Schedule. It is not the case of the respondents that any decision was taken by the Government not to make the recruitment for any of the posts en-cadred under the Rules of 1970 and Rules of 1971. Thus, indisputably, in terms of the relevant recruitment Rules, the State Government is under an obligation to determine the
yearwise vacancies and proceed with the recruitment process to fill up the vacancies in the cadre in accordance with the relevant Rules.

28. It is pertinent to note that Rule 27 of the Rules of 1970 and Rule 28 of the Rules of 1971 provides for urgent temporary appointment against the vacancy in service which cannot be filled in immediately either by direct recruitment or by promotion  under the Rules, by appointing in an official capacity the persons eligible for appointment to the post by promotion or by appointing
temporarily thereto a person eligible for direct recruitment to the service under the provisions of the Rules. Suffice it to say that under the relevant recruitment Rules, no person lacking eligibility qualification could be appointed on the various posts in the cadre even on urgent temporary basis.

29. In the backdrop of position of law, as aforesaid, adverting to the Scheme, it is significant to note that the appointment of Vidhyarthi Mitra  on contractual basis thereunder was sought to be made on the pretext that the 7 regular recruitment process of Teachers in various cadres is likely to take a long time. One fails to understand that if regular recruitment in the cadre was likely to take a long
time and there was non-availability of the duly selected candidates then what prevented the State Government from resorting to recruitment process under the Rules for urgent temporary appointment against the vacant posts of eligible candidates  till the availability of duly selected candidates. Strangely enough under the Scheme framed the requirement of the eligibility of the candidates for the
recruitment to the post of Teachers as provided for under the relevant recruitment Rules and by NCTE was also ignored inasmuch as the Scheme permitted even the engagement of persons who are not trained to discharge the duties of the Teachers in various Schools.

30.It is well settled that the regular posts in the cadre are required to be filled in by way of the regular
recruitment process under the Rules
. Of course, as noticed above, the urgent temporary appointment to the extent permissible under the Rules can be made till the availability of regularly selected candidates but then, the appointment on contractual basis is not envisaged under the relevant recruitment Rules. As a matter of fact, even the urgent temporary appointment in any public service to any post  de hors the relevant Rules without permission of the competent authority is prohibited under Section 4 of the Act of 1999. Rather, the appointment in contravention of the provisions of the Act of 1999 is an offence punishable under the provisions of Section 14 of the Act of 1999.

31. In this view of the matter, the Vidhyarthi Mitra Scheme introduced by the State Government providing for engagement of Vidhyarthi Mitra on contractual basis against the vacant posts of Teachers in various cadres ignoring the eligibility qualification prescribed and the procedure prescribed for the recruitment is ex facie dehors the relevant recruitment Rules. That apart, the
recruitment of Teachers lacking eligibility qualification runs contrary to the Regulations,2001 framed by the NCTE, which have statutory force. As a matter of fact, the 8 NCTE having prescribed the eligibility qualification, the State Government cannot proceed to appoint the persons
on the posts of Teachers by giving the fictitious designation i.e. Vidhyarthi Mitra to teach the children who are mandatorily required to be taught by the persons eligible for recruitment to the post as per the eligibility qualification laid down by the NCTE


32. As noticed above, by way of Constitution (Eighty Sixth Amendment) Act, 2002, Article 21A was inserted in the Constitution which makes right to education, a fundamental right, and provides that State shall provide free and compulsory education all children of 6 to 14 years in such manner as the State by law provides.

Indisputably, so as to implement the provisions of Article 21A of the Constitution, the Act of 2009 has been enacted by the Parliament which mandates that only the persons possessing minimum qualification as laid down by an academic authority authorised by the Central Government
by notification shall be eligible for appointment on the posts of Teachers. As a matter of fact, it is not even disputed before this Court that the academic body, NCTE, under the authorization of the Government has already laid down the eligibility qualification and therefore, any person not possessing the requisite qualification as provided for by the NCTE cannot be appointed on the
posts of Teachers in the various schools run by the State or otherwise.

33. It needs to be noticed that besides providing for the eligibility qualification for recruitment to the posts of Teachers, the Act of 2009, Section 6 thereof specifically mandates that for carrying out the provisions of the Act, the appropriate Government and the local authority shall establish within such area or limits of neighborhood as may be prescribed a school where it is not established,
within a period of 3 years from the commencement of the Act. As per Section 7 of the Act of 2009, the Central Government and the State Government have concurrent responsibility for providing funds for carrying out the provisions of the Act. As per mandate of Section 8, the appropriate Government is under an obligation to provide 9 infrastructure including school buildings, teaching staffs
and learning material to ensure good  quality elementary education conforming to the standards and norms specified in the Schedule. The emphasis under the Act is on ensuring that all children have access to quality education that enables them to the  skills, knowledge, values and attitude necessary to become responsible and active citizens of India. To achieve the intended objects even the Pupil-Teacher Ratio in a school has been specified in the Schedule which is mandated to be
maintained in each school by virtue of provisions of Section 25 of the Act. Suffice it to say that right to compulsory education enshrined in Article 21A of the Constitution of India presupposes quality education to the children and therefore, the State is under an obligation to make all efforts to ensure that the children of tender age may not suffer on account of teaching by unqualified
teachers. In this view of the matter, the action of the State in continuing with the Vidhyarthi Mitra Scheme and permitting the teaching by the unqualified persons in the schools run by the State is avowedly illegal, arbitrary and falls foul of Article 21A of the Constitution of India.

34. The Hon'ble Supreme Court time and again has emphasized for  quality educations in the schools and deprecated the practice of employing unqualified untrained teachers to teach the children of tender age in the schools.

35.In N.M.Nageshwaramma vs. State of A.P., 1986 Supp. SCC 166, the Hon'ble Supreme Court observed: “
The teachers' training institutes are meant to teach children of impressionable age and we cannot let
loose on the innocent and unwary children, teachers who have not received proper and adequate
training. True they will be required to pass the examination but that may not be enough. Training
for a certain minimum period in a properly organized and equipped training institute is probably
essential before a teacher may be duly lanunched.”

36.In Andhra Kesari Educational Society v. Director of School Education, (1989) 1 SCC 392, the Hon'ble Supreme Court observed:
10 “ .... Though teaching is the last choice in the job market, the role of teacher is central to all
processes of formal education. The teacher alone could bring out the skills and intellectual
capabilities of students. He is the “engine” of the education system. He is a principal instrument in
awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and
motivate into action the benefitter (sic benefactor).


He must keep himself abreast of ever-changing conditions. He is not to perform in a wooden and
unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and
national ideas in younger minds. His involvement in national integration is more important, indeed
indispensable. It is , therefore, needless to state that teachers should be subjected to rigorous
training with rigit scrutiny of efficiency. It has greater relevance to the needs of the day. The ill-
trained or sub-standard teachers would be detrimental to our educational system; if not a
punishment on our children. The Government and the University must, therefore, take care to see
that inadequacy in the training of teachers is not compounded by any extraneous consideration.”

37.In the matter of 'State of Rajasthan v. Vikas Sahebrao Roundale', (1992) 4 SCC 435, the Hon'ble
Supreme Court observed:
“ The teacher plays pivotal role in moulding  the career, character fibres and aptitude for educational
excellence in impressive young children. The formal educational needs proper equipment by the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook. A well-equipped teacher could bring the needed skills and intellectual capabilities of the students in their pursuits. The teacher is adorned as gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline. The teachers, therefore, must keep abreast of ever-changing  techniques, the needs of the society and to cope with the psychological approach to the aptitudes of the children to perform that pivotal role. In short teachers need to be endowed and energised with needed potential to serve the needs of the society. The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students. For equipping such trainee students in a school or a college all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance with the statutory requirement is insisted upon. Slackening 11 the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education.”

38. In the matter of “L.Muthukumar and Another vs. State of T.N. & Ors.”, (2000) 7 SCC 618, while relying upon earlier decisions noticed above, the Hon'ble Supreme Court opined that before teachers are allowed to teach innocent children, they must receive appropriate and adequate training in a recognized training institutes satisfying the prescribed norms, otherwise the standard of education and careers of children will be jeopardized. The court observed that allowing ill-trained teachers coming
out of de-recognized or un-recognized institutes or licensing them to teach children of an impressionable age, contrary to the norms prescribed will be  detrimental to the
interest of the nation itself in the sense  that in the process of building a great nation, teachers and
educational institutions also play a vital role. 

39. In Uma Devi's case (supra) heavily relied upon by the learned Additional Advocate General appearing on behalf of the State the Hon'ble Supreme  Court observed :
“2.Public employment in a sovereign socialist secular democratic republic, has to be as set down
by the Constitution and the laws made thereunder. Our constitutional scheme envisages employment
by the Government and its instrumentalities on the basis of a procedure established in that behalf
Equality of opportunity is the hallmark, and the Constitution has provided also for affirmative action
to ensure that unequals are not treated as equals. Thus, any public employment has to be in terms of
the constitutional scheme.

3.A sovereign Government, considering the economic situation in the country and the work to
be got done, is not precluded from making temporary appointments or engaging workers on
daily wages. Going by a law newly enacted, the National Rural Employment Guarantee Act, 2005,
the object is to give employment to at least one member of a family for hundred days in a year, on
paying wages as fixed under that Act.

But, a regular process of recruitment or appointment has to be resorted to, when regular vacancies in posts, at a particular point of time, are to be filled up and the filling up of those vacancies cannot be done in a haphazard manner or based on patronage or other considerations. Regular appointment must be the rule.

” (Emphasis added)

12 It is true that the Hon'ble  Supreme Court has observed that a sovereign Government is not precluded from making temporarily appointments or engaging workers on daily wages basis, taking into consideration the economic situation in the country and work to be got done. But then, the Scheme as framed by the State Government is not an employment Scheme as such but
rather it is a Scheme framed  bypassing the regular recruitment process, which as observed by the Hon'ble Supreme Court in Uma Devi's case (supra) must be a rule.

In any case, the sovereign Government has to function within the constitutional limit and cannot be permitted to frame the Scheme in violation of the laws and the constitutional scheme governing the public employment.”

10. After considering the entire law on the subject, learned Single Judge  held as under:-
“ 40. In view of the discussion above, this Court is firmly of the opinion that the Scheme introduced by the State Government providing for the engagement of even unqualified/untrained persons as Vidhyarthi Mitra for their posting against the posts of Teacher Gr.III, Senior Teacher and School Lecturer dehors the relevant recruitment Rules and the eligibility criteria laid down by
the NCTE exercising the power under the relevant statute, the provisions of the Act of 2009, and against the constitutional scheme of public employment, cannot but deemed to be illegal, arbitrary and falls foul of Article 14, 21 & 21A of the Constitution of India.”

11. Learned Single Judge was conscious of the fact that vacancies of the teachers engaged for elementary education and secondary education cannot be filled immediately and, thus,
keeping in view the interest of the students, an arrangement was made in paragraph-42 which reads as follows:-
“ 42.In the result, the writ petition No.8154/10
13 is allowed. The writ petitions preferred by the petitioners assailing their termination from service, claiming continuance/re-employment as Vidhyarthi Mitra and against the insistence of the Government for execution of the fresh contract, are dismissed. The Vidhyarthi Mitra
Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers Gr.III, Senior Teachers and School Lecturers is declared illegal and unconstitutional.

The respondents are restrained from engaging the Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme against the posts of Teachers Gr.III, Senior Teachers and School Lecturers. The respondents
are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order. It is made clear that pending completion of the regular recruitment process, the State shall not be precluded from engaging the eligible persons on the various posts of Teachers on urgent temporary
basis in accordance with the relevant recruitment Rules.

The State shall also ensure that henceforth the determination of the vacancies of Teachers in various
services/cadres is made every year as mandated by the relevant recruitment Rules and all efforts shall be made to fill up the vacancies preferably before the next academic session starts in the schools run by the State.

The petitioners who have not been paid honorarium for the period they had worked with the respondents as Vidhyarthi Mitra, shall be paid the amount due within a period of two months from the date of receipt of certified copy of this order. It is made clear that on account of the
Vidhyarthi Mitra Scheme being declared illegal and unconstitutional, the petitioners and their likes who had worked with the respondents as Vidhyarthi Mitra, shall not be deprived of the benefits already accrued to them.

No order as to costs.”

14

12. It is submitted by learned counsel appearing for the petitioner that there are large number of vacancies running into thousands in the Schools for Primary Education and Secondary
Education which cannot be filled up immediately.  The Government has not taken any steps for direct recruitment  on these vacancies; and that considering the interest of students,
who would be suffering greatly on account of non-availability of teachers, the Court may consider to extend the time by which all the vacancies may be filled up and until then the persons who
were disengaged as Vidhyarthi Mitras may be allowed to continue.

13.It is submitted that  there can be no objections with the findings recorded and directions given by learned Single Judge, however, large number of  Vidhyarthi Mitras are qualified to teach in the  Schools for Primary Education and Secondary Education and thus, in the alternative, if the Court may not agree to allow the extension of time, at least, those  Vidhyarthi Mitras, who are qualified, may be allowed to teach in the schools for the benefit of the students until direct recruitment is made.

It is submitted that interest of lakhs of students is going to suffer by the delay caused by the State Government in direct recruitment.

14. We are informed by learned counsel appearing for the State that after declaration of  Vidhyarthi Mitra Scheme to be unconstitutional, the State Government  has abolished the scheme, and that after 30.04.2014, no person is working or has been engaged to serve as  Vidhyarthi Mitra.  The orders of
learned Single Judge  have been complied with and that the
15 State Government  has proceeded to make direct recruitment on the vacancies of the teachers in all categories.

15.In order to find out the current situation of the vacancies on the post of teachers in the Schools in the State of Rajasthan,we asked State Counsel to give us a comprehensive chart showing the number of vacancies on sanctioned posts and the availability of trained Vidhyarthi Mitras.  We also asked  State Counsel  to give us the status of the requisitions made and the proceedings pending for recruitment of teacher and the status of the Teachers’ Eligibility  Test known in Rajasthan as REET.  The chart produced by  State Counsel is reproduced as under:-
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Note from Blog - Tabular form ka chart ham yahan nahin de paa rahe hain, Kripya HC ki website se poora vivran dekhen
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Judegement continued >>>

INFORMATIONS WITH REGARD TO VIDYARTHI MITRA


16. We are  pained to observe that despite directions issued by this Court on 21.10.2013 which have been followed to the extent that  Vidhyarthi Mitra has been discontinued and that after 30.04.2014 no person is working as  Vidhyarthi Mitras,  effective steps have not been taken to fill up the vacancies.  From the chart produced before us, we find that there are 11,472 vacancies of Teachers for Elementary Education as against 30,298 sanctioned posts; 20,908 vacancies of Senior Teachers
as against 69,884 sanctioned posts; and 18,310 vacancies of Lecturers as against 33,028 sanctioned posts.  There are 7,999 trained teachers in elementary education, 1758 trained teachers Gr.III, 2283 trained Senior Teachers and 2229 trained Lecturers who were serving as  Vidhyarthi Mitras.  As against this,  the requisitions are pending with the Rajasthan Public Service Commission for filling up 4010 teachers for the post of Lecturers, 9447 for the post of Teacher Gr.II and 20,000 for

17 Teacher Gr.III.  For Teacher Gr.III, the requisition was sent about one year ago in August 2013.

17.  We are also informed that for Teacher Gr.III, a recruitment was initiated in the year 2013 which is pending at various stages and that some of the petitions were decided by this Court against which Special Leave to Appeal pending in the Supreme Court in which directions have been issued to issue the third list. The appointments in pursuance to the recruitment are awaited.

18. We are unable to accede to the request of learned counsel appearing for the petitioner to allow  at least the trained Vidhyarthi Mitras to continue until all the posts are filled up.  We do not find that considering the legal position as explained by learned Single Judge and his conclusions with which we entirely agree there is any scope to  adjudicate any further on the issue of allowing  Vidhyarthi Mitras to continue on the vacancies purportedly in the interest of the students. With the change in
law focussing on appointment of only trained Teachers with Teachers Training qualifications and the TET qualifications and appointment of such teachers only by direct recruitment in accordance with the Rules of recruitment, it  is no longer possible for allowing any untrained teacher or even a trained
teacher who has not been regularly appointed to be allowed to continue on ad hoc basis or  in contractual appointment.

19. We are of the view that quality of education to be imparted to the children in the school cannot be compromised at any costs. Even if, there are vacancies, the posts  are not allowed to be filled up by teachers who are not trained and who are not
18 appointed by way of direct recruitment in accordance with extant rules which have been amended in tune with the notification issued by NCTE  which has been declared as Academic Authority
by the Central Government.  The concept of school education has undergone change after the amendment in the Constitution by inserting Article 21A and  the enactment of Right of Children
to Free and Compulsory Education Act, 2009. The Notification dated 23.08.2010 is binding on all the States and Educational Authorities.   The Court is not empowered to compromise with
the legislative changes for the sake of equity for the contractual appointees, and empathy for the children to allow the ad-hoc arrangements to continue.

20. We have been benefitted from the judgment of Hon’ble Mr.Justice Sangeet Lodha who has researched on the subject and has taken pains to go deep into all the aspects of the matter in
rendering an exhaustive and complete judgment on the issue.

We do not find any error in the judgment to interfere in the special appeal.

21. We also do not find any good ground to issue any directions to allow any ad hoc arrangement and declare that the State Government  shall not compromise with the legal position as explained by learned Single Judge. There shall be no recruitment of  Vidhyarthi Mitra nor any scheme will be made on ad hoc basis or of unqualified teacher or even qualified teacher de hors the service rules.

22. The Special Appeal is accordingly dismissed.


              

(PRAKASH GUPTA), J.    

    (SUNIL AMBWANI), Actg.CJ.

MK


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Saturday, May 23, 2015

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Wednesday, May 20, 2015

SARKARI NAUKRI News - KVS Recruitment 2015 – Apply Online for 4339 Teaching & Non Teaching Posts

 SARKARI NAUKRI   News -

KVS Recruitment 2015 – Apply Online for 4339 Teaching & Non Teaching Posts

KVS Recruitment 2015 – Apply Online for 4339 Teaching & Non Teaching Posts: Kendriya Vidyalaya Sangathan (KVS), New Delhi has released notification for the recruitment of 4339 Teaching (Post Graduate Teacher, Trained Graduate Teacher, Miscellaneous Teaching, Primary Teacher & PRT (Music)) & Non Teaching (Officers Cadre) vacancies on direct recruitment basis for the years 2014-15 & 2015-16. Eligible candidates may apply online from 23-05-2015 to 22-06-2015 upto 1159 Hours. Other details like age limit, educational qualification, selection process, how to apply are given below…







Post Name and No of vacancies: 4339
  • Primary Teacher: 2566 posts
  • Post Graduate Teacher (PGT): 387 posts
  • Trained Grade Teacher (TGT): 654 posts
  • Upper Division Clerk (UDC): 153 posts
  • Lower Division Clerk (LDC): 312 posts
  • Hindi Translator Grade B: 05
  • posts Stenographer Grade II: 08 posts
  • Assistant Grade B: 01 post
  • Finance officer: 01 post
  • Assistant Grade B: 75 posts
  • Librarian: 74 posts
  • Vice Principal: 30 posts
  • PRT (Music): 73 posts

KVS Vacancy Details:
Total No. of Posts: 4339
Name of the Posts:
A. Officers Cadre & Non Teaching Posts: 585 Posts
1. Vice-Principal: 30 Posts
2. Finance Officer: 01 Post
3. Assistant: 75 Posts
4. Upper Division Clerk (UDC): 153 Posts
5. Lower Division Clerk (LDC): 312 Posts
6. Hindi Translator: 05 Posts
7. Stenographer Grade-II: 08 Posts
8. Assistant Editor: 01 Post
B. Teaching Posts: 3754 Posts
1. Post Graduate Teacher (PGT) [Group B Post]: 387 Posts
i. English: 45 Posts
ii. Hindi: 20 Posts
iii. Physics: 38 Posts
iv. Chemistry: 30 Posts
v. Economics: 32 Posts
vi. Commerce: 68 Posts
vii. Maths: 28 Posts
viii. Biology: 36 Posts
ix. History: 30 Posts
x. Geography: 21 Posts
xi. Computer Science: 39 Posts
2. Trained Graduate Teacher (TGT) [Group B Post]: 654 Posts
i. English: 72 Posts
ii. Hindi: 67 Posts
iii. Social Studies: 59 Posts
iv. Science: 61 Posts
v. Sanskrit: 62 Posts
vi. Maths: 70 Posts
vii. P&HE: 117 Posts
viii. AE: 60 Posts
ix: WE: 86 Posts
3. Miscellaneous Teaching Post (Group B Post): 74 Posts
i. Librarian: 74 Posts
4. Primary Teacher & PRT (Music) [Group B Post]: 2639 Posts
i. Primary Teacher: 2566 Posts
ii. PRT (Music): 73 Posts
Age Limit: Candidates age should be between 35-45 years for post A-1, 35 years for post A-2, 3, 8, B-2, 3, 30 years for post A-4, B-4, 18-27 years for post A-5, 28 years for post A-6, 27 years for post A-7, 40 years for post B-1 As on 22-06-2015. Age relaxation is applicable 5 years for SC/ ST/ Persons domiciled in the State of Jammu & Kashmir/ Govt Servants, 3 years for OBC, 10 years for PH candidates as per rules.
Educational Qualification: Candidates should possess Graduation for post Assistant, UDC, Class XII pass/ equivalent from recognized board/ university for LDC, Two years integrated post Graduate M.Sc Course of Regional College of Education of NCERT in the concerned subject with proficiency in teaching in Hindi and English media for Post Graduate Teacher, Four years integrated degree Course of Regional College of Education of NCERT in the concerned subject with at least 50% marks in aggregate & should pass in Central Teacher Eligibility Test (CTET) Paper-II conducted by CBSE with proficiency in teaching in Hindi and English medium for Trained Graduate Teacher, Senior Secondary School certificate with 50% marks/ Intermediate with 50% marks & should pass in Central Teacher Eligibility Test (CTET) conducted by CBSE with Competence to teach through Hindi & English for Primary Teacher. For more information regarding qualification refer notification.
Selection Process: Candidates will be selected based on written test, performance test, skill test & interview.


Application Fee: Candidates have to pay Rs. 1200/- for the post of Vice-Principal & Finance Officer, Rs. 750/- for other teaching & Non teaching posts through Credit/ Debit Card (Master or Visa approved), Indian Bank will charge Rs. 30/- (Thirty only) as “service charge” in addition to the fees.
How to Apply: Eligible candidates may apply online through website www.kvsangathan.nic.in from 23-05-2015 to 22-06-2015 upto 1159 Hours.


Important Dates:
Starting Date to Apply Online: 23-05-2015.
Last Date to Apply Online: 22-06-2015 upto 1159 Hours.
For more details like scheme of examination, examination centres, reservation of posts and other information click on the link given below…

Links:




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Tuesday, April 21, 2015

TNTET : Tamil Nadu TET : Teacher Union Demands - Government to cancel the TET and recruit teachers based on employment exchange registration seniority:

TNTET : Tamil Nadu TET : Teacher Union Demands - Government to cancel the TET and recruit teachers based on employment exchange registration seniority:


Teachers Take to Streets


Published: 20th April 2015 06:02 AM
20th April 2015 06:02 AM


    Joint Action Council of Tamil Nadu Teachers Organisation staging a hunger strike, in Vellore on Sunday | express
  



CHENNAI: The Joint Action Council of Tamil Nadu Teachers Organisation (JACTTO) members staged a hunger strike across the State demanding implementation of fifteen demands, including cancellation the Teacher’s Eligibility Test (TET) conducted by Teachers Recruitment Board and pay hike.
In Vellore, around 500 teachers from across the district took part in the protest, held opposite to the collectorate on Sunday. They raised slogans condemning the State government for not implementing the 2011 election promise to replace the Contributory Pension Scheme (CPS) with the old pension scheme.

They wanted the government to cancel the TET and recruit teachers based on seniority. “We want the TN government to stop closing schools based on low student count,” said a teacher.

In Erode, the stir was headed by TN Vocational Teachers Association general secretary and JACTTO functionary S Nehru said almost all teachers and HMs were getting low salaries and allowances.

As the DA touched 100 per cent of basic pay, 50 per cent of DA should be merged with the basic as per the norm, he said and demanded implementation of former CM J Jayalalithaa’s poll assurance of restoration of old pension scheme.

Seeking time scale for teachers who served on contract basis from 1986 to 1988 and 2004 to 2006 from their date of joining, he demanded correction in the GO 266 to make Tamil language as first among all subjects. Distribution of freebies in the schools affected the work of teachers and HMs. A demand was made for a separate staff to be appointed in each school and one staff in each block to supervise the distribution work in primary and middle schools. 

In Salem, more than 200 teachers belonging to JACTO participated the staged a hunger strike near the Collectorate.  In Karur, JACTTO convenors R Rajendran and S Velumani headed the protest in front of the Municipal Higher Secondary School Premises and its state president Pon Selvaraj, state vice president Vaiyapuri and office bearers of various teachers associations affiliated with JACTO participated. Over 500 teachers also participated in the fast.

Hundreds of teachers owing allegiance to Joint Action council of Tamil Nadu Teachers Organisations (JACTTO) observed a fast in Thanjavur, Tiruvarur on Sunday.



  Joint Action Council of Tamil Nadu Teachers Organisation staging a hunger strike, in Vellore on Sunday | express

News Source: Express News Service


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/ Tamil Nadu Teacher Eligibility Test

Friday, April 10, 2015

SARKARI NAUKRI - TGT TEACHRS KE LIYE TET MANDATORY, HIGH COURT -

SARKARI NAUKRI   -  TGT TEACHRS KE LIYE TET MANDATORY, HIGH COURT -

TGT HINDI TEACHER KEE BHRTEE KE LIYE YACHEE NE 3 POINTS KA ULLEKH KIYAA -
1. ADVT. NIKALNE KE SAMAY KOEE TET KA ULLEKH NAHIN THAA, AUR GAME SHURU HONE KE BAAD RULES BADLE NAHIN JAA SAKTE
2. DELHI SARKAR KHUD APNE SCHOOLS MEIN BAGER TET KE BHRTEE KARTEE AA RAHEE HAI
3.BHRTEE SHURU HONE KE SAMAY TET ETC. KE NIYAM NAHIN THE.

COURT NE KAHA KEE -
1. GAME KE RULE BEECH MEIN NAHIN BADLE JAA SAKTE KA AGAR HAM SEHYOG KARENE TO FIR HAM BHEE STATUTORY PROVISION KA ULLANGHAN KARENGE. JO HAM NAHIN KAR SAKTE.
2.SUPREME COURT KA GAME CHANGE KA RULE KOEE UNIVBERSAL RULE NAHIN HAI, KHAS POINT YE HAI KI EMPLOYER NE KOEE SWECHHE / ARBITRARY VIOLATION - SAMANTA KE ADHIKAR ARTICLE 14 KA TO NAHIN KIYAA.
AUR VO HAME NAJAR NAHIN AATA.
ISLEEYE YACHEE KEE APPEAL DIMISS WITHOUT ANY RELIEF.


WPC 5249/2012

IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(C) No.5249/2012
%
25th November, 2013
SHIV RAM MEENA
......
Petitioner
Through:
Mr. M.K.Bhardwaj, Adv.
VERSUS
GOVT. OF NCT OF DELHI & ORS.
...... Respondents
Through
:  Mr. Arjun Pant, Adv. For R
-
1. Mr. Pawan K.Khanna, Adv. for R
-
2.CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
Yes
VALMIKI J. MEHTA, J (ORAL)
1.
By this writ petition, petitioner seeks appointment to the post of TGT  (Hindi)  in  the  reserved  category with  the  Nehru  Adarsh  Senior  Secondary School.   Petitioner   claims   that   he   had   the   necessary   qualifications   of graduation and B.Ed degree and accordingly he was called for the interview, and  having  been  selected  in  the  interview he ought  to  have  been  given
appointment.
2.Respondent no.1 is the Director of Education. The school in questionnamely  Nehru  Adarsh  Senior  Secondary  School is  represented  throughWPC 5249/2012 Page2 of 8 respondent nos. 2 and 3.  Counter -affidavits filed by these respondents showthat  petitioner  was  not  given  appointment  because  as  per  the  relevant provisions Sections  2(a)&(n)  &  23(1) of  the  Right  of  Children  to  Free  and Compulsory  Education  Act, 2009  there  cannot be appointment of  a  teacher
in the school unless the teacher has Central Teachers Eligibility Test (CTET) qualification,  and  since  the  petitioner  didnot  have  the  CTET  qualification , petitioner was not appointed.  Along with the counter - affidavit of respondentno.1,  the  circular  of  the  Govt.  of  NCT  of  Delhi  da
ted  29.2.2012  has  been annexed  as  Annexure  R- 1  to  show  that  schools  are  illegally  appointing persons  as  teachers  in  spite  of not  having the  r equirement  of  CTETqualification
as  per  the  RTE  Act,  2009  and  schools  have  been  directed  to ensure  compliance  of  CT
ET  requirement  for  appointing  of  a  person  as  a teacher in the school.  This circular
dated 29.2.2012 reads as under:
-
“GOVERNMENT OF NATIONAL CAPITAL TERRITORY
OF DELHI DIRECTORATE OF EDUCATION
OLD SECRETARIAT, DELHI
-
110054
No.DE/15/Act/2010/7863
Date: 2
9/02/2012
Sub:
Clarification   Regarding   Recruiting   Only   CTET   Qualified Teachers in Aided Schools
WPC 5249/2012 Page 3 of 8 In pursuance of sub - section (1) or Section 23 of the Right
of  Children  to  Free  and  Compulsory  Education  Act  2009,  theNational Council for Teacher Education,vide their Notification No.215   F.N.61 - 03/20/2010/NCTE(N&S)   dated   23.08.2010,
prescribed the clearance of Teacher Eligibility Test as a part of the  minimum  essential  qualification  for  a person  to  be  eligible for appointment as teacher to teach in the school s referred to in
clause (n) of Section (2) of the aforesaid Act.
In  accordance  with  the  spirit  of  the  RTE  Act  and  theaforementioned Notification issued by the National council for Teacher    Education,    the    Directorate    of    Education,    vide
Notification     No.     F4(6)(350)/E - IV/2011/621     issued     on 07.10.2011 with the approval of Hon‟ble Lieutenant Governor of  the  GNCT  Delhi,  recognized  only  the  Central  Teacher
Eligibility  Test  conducted  by  the  Central  Board  of  Secondary Education  in  lieu  of  State  Eligibility  Test  for  appointment  of teachers  to  teach  classes  I  to  VIII  in  the  schools  referred  in clause (n) of Section 2 of the RTE Act.
This Notification has already been published in the Delhi Gazette   Extra   Ordinary   Part   IV   on   07.10.2011,   and   also circulated     widely     vide     Circular     No.F.N.DE4(6)(350)E
- IV/2011/18875 - 18924 dated 26.12.2011.
Despite  the  aforesaid  provision  having  come  into  force with its  modification  with  effect  from  07.10.2011,  it  has  been observed that some schools are still considering application
- for recruitment  to  various  teaching  posts - submitted  by  candidates who  have  not  qualified  the  CTET,  which  act  on  their  part  is unlawful  and  warrants  action  as  per  the  as  per  appropriate provisions of law.
It   is,   therefore,   reiterated   that   with   effect   from   the aforesaid notification,  only  CTET  qualified  teachers  shall  be employed  by  the  government  aided  schools  as  referred  to  in clause (n) of Section 2 of the RTE Act 2009.
WPC 5249/2012 Page 4 of 8 3.
It is therefore clear that no one can be appointed as a teacher in a school after the passing of the Right to Education Act, 2009 (in short „RTE Act,  2009), read  with the  notification  of  National  Council  for  Teacher Education dated 23.8.2010, unless such a person has CTET qualification.
4. In the present case, the appointment which the petitioner claims to  the  post  of  TGT(Hindi)  is  after  the  National  Council  for  Teacher Education  notification  dated  23.8.2010,  and  therefore,  unless  the  petitioner has  CTET  qualification,  and  admittedly  which qualification
the  petitioner did not have at the time of his being selected, he cannot be appointed to the
post of TGT (Hindi) in the respondent - school.
5. Counsel  for  the  petitioner  made  three  submissions  before  this Court for grant of the relief claimed in the writ petition.  The first is that the advertisement in   question   did   not   mention   the   requirement   of   CTET qualification  and  therefore  rules  of  the  game  cannot  be  changed  once  the selection  process  is  set  into  motion.    The  second submission is  that Government  of  NCT  of  Delhi  itself  is  employing  teachers  without  CTET qualifications, and therefore, petitioner should not be discriminated against, and  reliance  for  this  purpose  is  placed  upon  the  advertisement  dated 13.9.2011   issued   for   recruitment   of   2012   which   does   not   have   the
WPC 5249/2012 Page 5 of 8 requirement of a CTET qualification for a teacher.
The     third submission made is  by  placing  reliance  on the  judgment  of  the  Supreme  Court  in  the case  of Y.V.Rangaiah  and  Others  Vs.  J.Sreenivasa  Rao  and  Others  1983 SCC (L&S) 382 (1983) 3 SCC 284 that vacancies have to be filled in as per the recruitment rules as prevalent at the time when vacancies occur and not when the vacancies are filled in.
6 . So  far  as  the first argument,  which  is  urged  on  behalf  the petitioner is concerned that rules of the games cannot be changed mid way because  the  advertisement  did  not  prescribe  the  requirement  of  CTET qualification, in my opinion, this argument if accepted ,
the same will amount to Court becoming a party to gross violation of the statutory provisions and
the statutory notifications as per the RTE Act , 2009.  Once the law requires a specific  qualification  for  appointment, assuming  that  the authorities  may choose  to  wink  and not  comply  with  the  requirement,  cannot  mean  that Court should direct appointments in violation of provisions of the statute.  It cannot be and could not be disputed before me that in terms of the RTE Act, 2009 and the notification reproduced above, for all appointments made after 2009,  there  was  a  requirement  of  CTET  qualification  for  a  teacher.    Once there  is  a  statutory  requirement,
Court  can  give  its  imprimatur  to  an  action WPC 5249/2012 Page 6 of 8 which will amount to violation of the statute and the statutory notifications
I  therefore,  refuse  to  accede  to  the  argument that  merely  because  the advertisement  does  not  provide  requirement  of  CTET  qualification,  simply for  that  reason  appointment  should  be  made  ignoring  the  requirement  of CTET  qualification,  and effectively  ignoring  the  statutory  provisions  and statutory notifications.
7. So  far  as  the  second  argument  is  concerned,  the  same  also stands  rejected  in  view  of  the
above discussion of the  first  argument , because ,there cannot be estoppel against law.  I must also observe that I am doubtful  if  merely  by  the  petitioner  filing  the  recruitment  notification  of
2012  for  appointment  of  teachers,  teachers would  have  been  appointed  by the Govt. of NCT of Delhi who do not have CTET qualification.
8 .Therefore,   the   argument   that   CTET   qualification   can   be overlooked and can  be
so accepted  by  the  Courts is  not  correct, and  also I cannot accept  the  argument  that  merely  because  advertisement  of  2012 which is   filed does   not   mention   requirement   of CTET   qualification , therefore, actual  recruitment  must  have  been  done  by  the  Govt.  of  NCT  of
Delhi or by the schools governed by the Director of Education, of teachers , who did not have CTET qualifications.
WPC 5249/2012 Page 7 of 8
9. The  third  and  the  final  argument  urged  on  behalf  of  the petitioner  did  carry  some  substance  because  it  is  the  law  that  recruitment should  be  as  per  the  recruitment  rules  when  the  vacancies  arise,  however, this argument will not hold good if there is statutory provision covering the field.  As per ordinary law and administrative rules of an employer there can
take  place  recruitments  only  as  per  the  extant  recruitment  rules  when  the vacancies
occurred , however, this is not a universal rule and it has so been held by the Supreme Court in the case of Deepak Agarwal & Anr. Vs. State of  Uttar  Pradesh  &  Ors.  (2011)  6  SCC  725
wherein  the  Supreme  Court referred  to  the  earlier  judgment  in  the  case  of Y.V.Rangaiah  (supra) and observed that once there are statutory rules, such statutory rules will prevail
and there is no universal rule of absolute application that vacancies are to be filled invariably by the law existing when the vacancy arises.  Once there are statutory rules and statutory provisions which hold the field , the judgment in the case of Y.V.Rangaiah (supra) will not apply and which will really apply to administrative circulars and notifications. Of course, I may state that even with respect to administrative circulars , rules and notifications , there may be in the facts of the particular case entitlement of an employer to specifically ask for a specific requirement although such requirement did not exist when the  vacancy had  arisen inasmuch  as  it  is  not unknown  to  law  that  if  the
WPC 5249/2012 Page 8 of 8  legislature or an employer so wants, there can be a retrospective application of  a  particular  requirement  as  per  the  facts  of  each  case , because,
what  is really to be examined is that actually is there a violation of Article 14 of the Constitution of  India  i.e  whether  or  not  action of the  employer  is  arbitrary. 
In the facts of a particular case, it may be possible that action of an employer in  requiring  the  retrospective  application  of  a  qualification  may  not  be arbitrary,  however  I  need  not  observe  in  this  regard  one way or  the  other , inasmuch as, in the present case we are concerned with statutory provisions, statutory  rules  and  statutory  notifications  which  bar  the  appointment  of  a
person as a teacher in a school, unless such person has CTET qualification.
10 . In view of the above, I do not find any merit in the petition, and the same is dismissed, leaving the parties to bear their own costs.
NOVEMBER 25 , 2013 /
ib
VALMIKI J. MEHTA, J.



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Tuesday, March 24, 2015

#IRCTC #Ticket Booking #Login #One Ticket #Online Railway Ticket

एक बार लॉग-इन से बुक होगा सिर्फ एक रेल टिकट

24th 2015 at 10:23am | Updated Mar 24, 2015

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नई दिल्ली। रेल मंत्रालय ने एक बार लॉग-इन कर कई टिकट बुक कराने वाले एजेंटों पर नकेल कसने के लिए एक बार में टिकट बुक करने की सुविधा देने का निर्णय लिया है। अब ई-टिकट के मामले में एक यूजर लॉग-इन सत्र के दौरान केवल एक टिकट बुक किए जा सकेंगे। दूसरा टिकट बुक करने के लिए यात्री को लॉग-आउट करके दोबारा प्रयास करना होगा।

यह सीमा केवल वॉरंट के जरिए बुकिंग करने वाले सैनिकों को छोड़कर आईआरसीटीसी एजेंटों समेत सभी पर लागू होगी। यह सीमा 8 बजे से 12 बजे के दौरान ई-टिकटों की बुकिंग पर लागू होगी, परंतु आगे की यात्रा या वापसी के टिकटों पर यह प्रतिबंध लागू नहीं होगा।


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