Sudhanshu Dhulia, J. (Oral)
1. The petitioners are the B.T.C. trained candidates and they have challenged the order dated 4th March, 2014 passed by the Principal Secretary, Government of Uttarakhand, whereby œShiksha Mitras? have been exempted from qualifying a test, which is known as œTeachers Eligibility Test?, in other words such persons can be appointed as teachers in primary schools, even if they have not passed the Teachers Eligibility Test. The petitioners on the other hand have to qualify such test for being appointed as primary school teachers.
2. After the Right to Elementary Education was included as a fundamental right in Part III of the Constitution of India as Article 21-A, the Parliament has enacted a legislation i.e. Right of Children to Free and Compulsory Education Act, 2009. In pursuance of the Act, a Government of India body i.e. National Council for Teacher Education was delegated with the authority to frame guidelines regarding the eligibility of teachers in the education at the elementary level.
3. Consequently, the body which was chosen for such work was issued notification dated 23rd August, 2010, wherein, inter alia, qualification of Teachers Eligibility Test was the essential condition in order to teach in primary schools. The only exception which has been given under the said notification dated 23rd August, 2013 is with reference to the appointments which have already taken place i.e. prior to notification dated 23rd August, 2013 or where the process has already been initiated.
4. None of this happened in the present case. What was initiated was only a training programme which was initiated prior to 23rd August, 2010. Merely because one is inducted in B.T.C. training would not ipso facto mean that process for appointment on the post of primary school teacher has also taken place.
5. In view thereof, the operation and effect of the order dated 04.03.2014 passed by the State Government shall remain stayed until further orders of the Court.
6. Respondents shall file their counter affidavit within a period of three weeks. Three weeks time thereafter is allowed to the learned counsel for the petitioners to file rejoinder affidavit.
7. List this matter after seven weeks in daily cause list.
8. Stay application (CLMA) No.2195 of 2014 stands disposed of.