Document Fragment View
Fragment Information
Showing contexts for: Intermediate Act in Jai Prakash Yadav And 46 Others vs The Union Of India And 4 Others on 10 May, 2018Matching Fragments
Petitioners admittedly do not fulfill the qualification for the post of Assistant Teacher-Art mandated by the impugned rule, they are intermediate with Art (Technical Art/Drawing Technical). In other words, petitioners are graduate in streams other than Art/Fine Art but have Art subject at intermediate (Class 12). It is urged on behalf of the petitioners that the teachers are to be appointed for Class 9 and 10 in government intermediate schools. The provisions of Intermediate Education Act, 19212 and Regulations framed thereunder prescribe qualification for Assistant Teachers-Art, inter alia, as intermediate in Art/Fine Art. All persons possessing the qualifications are eligible to be appointed as teachers in private aided/non aided recognized schools. The syllabus prescribed under the Regulations is common to the students, studying in government schools and private schools which fall within the purview of the Board which conducts a single examination for Class 10. In this backdrop, it is urged that prescribing two set of qualifications, one for teachers to be appointed in government schools and the other for teachers seeking appointment in private aided institution is arbitrary as the Assistant Teachers would teach students of Class 9 and 10 and the students would be examined by the same examining Board on the syllabus prescribed under the Regulations. It is, therefore, urged that the impugned rule prescribing qualification different than that prescribed under the Intermediate Act is bad in law being discriminatory.
(c) 4-years degree of BA. Ed/B.Sc.Ed. From any National Council for Teacher Education recognized institution.
Intermediate Act, a State legislation was enacted for establishment of a Board of High School and Intermediate Education6 for regulating and supervising the system of High School and Intermediate Education in Uttar Pradesh and to prescribe courses therefor in place of Allahabad University. "Institution" is defined in sub-clause (b) of Section 2 under the Intermediate Act to mean Intermediate College, Higher Secondary School or High School, which is referable to the definition of "school" provided under the NCTE Act, 1993 and NCTE Regulations, 2014. The Board has been conferred power under the Intermediate Act to frame Regulations and in exercise thereof, syllabus of the subjects and academic qualifications of the teachers has been prescribed in Chapter II Regulation 1 Appendix 'A' to the Intermediate Act. Thereafter, the Uttar Pradesh Legislature enacted the Uttar Pradesh Secondary Education Services Selection Board Act, 19827 to establish Secondary Education Service Selection Board8 for the selection of teachers in the institution/school recognized and in grant in aid under the Intermediate Act. Sub-clause (e) of Section 2 of the Act, 1982 defines "institution" which reads thus:
"(k) 'Teacher' means a person employed for imparting instruction in an institution and includes a Principal or a Headmaster."
By virtue of Section 16 of the Act, 1982, appointment of teachers is to be made only on the recommendations of the Selection Board notwithstanding anything to the contrary contained in the Intermediate Act or the Regulations made thereunder but subject to the certain exception provided thereto. Section 32 of the Act, 1982 provides that the provisions of the Intermediate Act and the Regulation framed thereunder insofar they are not inconsistent with the provisions of Act, 1982 or the Rules or Regulations framed thereunder shall continue to be in force. On reading of Section 33-A & 33-B of the Act, 1982, it is clear that the qualifications for the teachers as provided under the Intermediate Act and the Regulations framed thereunder would continue to apply to selection and recruitment of teachers by the Selection Board under the Act, 1982.
The Uttar Pradesh Secondary Education Services Commission Rules, 19959, framed under the Act, 1982 clearly provides that the academic qualifications prescribed in Regulation 1 of Chapter-II of Regulations made under the Intermediate Act, shall continue to apply. Sub-clause (5) of Rule 3 of the Rules, 1995 is extracted:
"5. Academic qualifications.-- A candidate for appointment to a post of teacher must possess the qualifications specified in Regulation 1 of Chapter II of the Regulations made under the Intermediate Education Act, 1921."