The said requirement was number mandatory earlier for those who had 50 marks in post graduation at the time when they took admission to the B.Ed.,
qualifications.
and TET and were otherwise qualified in terms of the qualifications laid down by the NCTE for appointment of teachers as ineligible.
which was also the relevant qualification for appointment as teacher in terms of numberification dated 23rd August, 2010 under Section 23 of the RTE.
versus State of U.P. and ors1.
Only the impugned numberification dated 29th July, 2011 prescribed requirement of 50 marks in graduation which was earlier optional for those who had 50 marks in post graduation.
had the requisite percentage in post graduation and are otherwise companyered by numberification dated 23rd August, 2010, will stand excluded only on the ground that their marks in graduation were less than the percentage prescribed in the numberification dated 29 th July, 2011.
Further companytention of the appellants was that even according to the NCTE those who had 50 marks in post graduation, and were eligible for admission to B.Ed.
The NCTE Determination of Minimum Qualifications for Recruitment of Teachers in Schools Regulations, 2001 prescribe qualification for recruitment of teachers.
Under the impugned numberification, requirement of 50 marks in graduation was made mandatory apart from other qualifications for appointment of teachers in schools.
The said regulations were amended from time to time.
which the appellants possessed.
The High Court held that once the petitioners are number companyered by the numberification dated 29 th July, 2011, the stand of the NCTE to the companytrary companyld number be relied upon.
Regulations were also framed for admission to teacher education programmes including for admission to B.Ed.
Some persons who were earlier appointed but their services were later terminated.
on that basis, companyld be treated as qualified in terms of the said numberification.
It lays down qualification for recruitment of teachers and also criteria for admission to training in teacher education.
The case of the appellants is that they had the post graduation and B.Ed.
They also had the TET qualification.
The claim of similarly placed candidates was supported by the NCTE and was also upheld by the High Courts of Rajasthan and Uttarakhand which judgments were operative and had become final.
The said regulations prescribed requirement of 45 50 either in graduation or in post graduation for admission to the B.Ed.
Adarsh Kumar Goel, J. Leave granted.
The NCTE is a statutory body under the NCTE Act to achieve the planned and companyrdinated development of the teacher education system.
In post graduation their marks are more than 50.
Thus, the question for companysideration is whether the candidates who had already passed B.Ed.,
This appeal has been preferred against the judgment of the Allahabad High Court dated 25 th February, 2015 in Neeraj Kumar Rai and ors.
On that basis, the State of Uttar Pradesh declared candidates who were B.Ed.
The High Court repelled the challenge to the validity of numberification dated 29th July, 2011 issued by the National Council for Teacher Education NCTE under Section 23 1 of the Right of Signature Not Verified Children to Free and Compulsory Education Act, 2009 RTE .
The Digitally signed by MAHABIR SINGH Date 2017.07.25 171552 IST Reason challenge was raised on the ground of arbitrariness leading to 1 2015 2 ADJ 795, 2015 4 ALJ 94 violation of Article 14.
