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.)