UPTET VALIDATION AND 29334 Shikshak Bharti Highcourt Order टीईटी परीक्षा की वैधता एवं 29334 जूनियर भर्ती में विज्ञान-गणित विषय के मामले में दायर स्पेशल अपील का जजमेंट हुआ अपलोड, आदेश का कार्यकारी भाग देखें
It is the submission of the learned counsel for the appellants
that a duty has been cast upon the petitioners to challenge the
appointments not made in conformity with Clause 5(ii) before the
District Basic Education Officer. The contention is that it is the duty
of the District Basic Education Officer to examine all such
appointments and determine whether the appointments of Assistant
Teachers was in accordance with the eligibility requirement
contained in Clause 5(ii) of the notification dated 11 February 2011,
since, it would not be possible for the petitioners to actually find out
the names of the Assistant Teachers who had been appointed de-
hors the provisions contained in Clause 5(ii) of the Notification.
This submission has also been made in connection with the
directions issued by the learned Judge with regard to the persons
who have passed graduation without Science or Mathematics as
one of the subjects. It should, in our opinion, not be left to the writ
petitioners to find the out the names of such persons. It is the
District Basic Education Officer who should carry out the exercise.
Of course, as indicated in the impugned judgement, the
appointments of persons who are not eligible but who appeared in
the TET examination should be cancelled after providing an
opportunity to such persons.
The judgement and order impugned in the Special Appeals is,
accordingly, modified to the extent indicated above and the Special
Appeals are disposed of.
Order Date :- 30.5.2018
A. V. Singh
(Dilip Gupta,J.)
(Jayant Banerji,J.)
