Case Note & Summary
The case involved multiple appeals against a common judgment of the Allahabad High Court which had decided a bunch of matters concerning the eligibility of candidates pursuing Teachers Training Courses (TTC) to appear in the Uttar Pradesh Teacher Eligibility Test (UPTET). The appellants were candidates who had pursued or were pursuing TTC recognized by the National Council for Teacher Education (NCTE) or the Rehabilitation Council of India (RCI). The core issue was whether such candidates could appear in the TET, which is a mandatory qualification for appointment as a teacher in classes I to VIII under the Right of Children to Free and Compulsory Education Act, 2009. The NCTE, as the academic authority, had issued guidelines on 23.08.2010 specifying minimum qualifications, including passing the TET. Paragraph 5 of the NCTE Guidelines for conducting TET provided that persons eligible to appear include those who have acquired the qualifications (clause i) and those who are 'pursuing' any of the teacher education courses recognized by NCTE or RCI (clause ii). The State of Uttar Pradesh had issued Government Orders initially allowing candidates who had passed TTC or were appearing in the final year to appear in UPTET. However, later the State sought to restrict eligibility to only those who had passed TTC, leading to litigation. The High Court had dismissed the writ petitions, holding that only candidates who had passed the TTC could appear. The Supreme Court, after examining the NCTE guidelines, held that the word 'pursuing' in para 5(ii) clearly includes candidates who are in the process of completing the course, not only those who have passed. The Court noted that the NCTE itself had clarified that candidates pursuing the course are eligible. The Court allowed the appeals, set aside the High Court judgment, and directed that the candidature of the appellants be considered in accordance with law, meaning they should be treated as eligible to appear in the TET if they were pursuing the TTC at the relevant time.
Headnote
A) Education Law - Teacher Eligibility Test - Eligibility of Candidates Pursuing TTC - The singular question was whether candidates pursuing a Teachers Training Course (TTC) recognized by NCTE or RCI could appear in the TET. The Supreme Court held that as per para 5(ii) of the NCTE Guidelines, a person who is 'pursuing' any of the teacher education courses specified in the NCTE Notification dated 23.08.2010 is eligible to appear in the TET. The Court allowed the appeals and set aside the High Court judgment, directing that the candidature of the appellants be considered in accordance with law. (Paras 3, 5.3, 8-9)
Issue of Consideration
Whether incumbents who were pursuing any of the Teachers Training Course (TTC) recognized by NCTE or RCI could have appeared in the Teachers Eligibility Test (TET) prescribed by the NCTE.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgment of the High Court, and directed that the candidature of the appellants be considered in accordance with law, holding that candidates pursuing TTC are eligible to appear in TET as per NCTE guidelines.
Law Points
- Eligibility for Teacher Eligibility Test
- Pursuing teacher education course
- Interpretation of 'pursuing'
- NCTE guidelines
- Right to Education Act
- 2009
