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Devesh Sharma vs State Of Chhattisgarh 50 Wppil/8/2019 ... on 7 February, 2019

"5. That the contents of paragraph No. 9. 10 and 11 of the Writ Petition are not disputed so far they relate to the matters of record, however it is stated in compliance of the order passed in Writ A No. 36958 of 2014 and order dated 26.02.2015 passed by this Hon'ble High Court in Contempt Application (Civil) No. 1209 of 2015 the petitioner was appointed on class IV post as class -II post was not available and the petitioner was not possessing the requisite qualification for the post of Assistant Teacher (Basic) 6 That in reply to the contents of paragraph No 12 of the Writ Petition it is stated that for the appointment of teachers in basic education department U P Basic Education (Teachers) Service (Sixteenth Amendment) Rules 2012 were notified on 23.08.2010. AS per those rules requisite qualification for the post of Assistant Teacher( Basic) has been prescribed as Bachelor Degree with the training qualification consisting of two year BTC, Vishist BTC and teacher eligibility test passed conducted by the Government or by the Government of India. The petitioner is not possessing the qualification of BTC and he has only done B.Ed Course 7 That the contents of paragraph No. 13, 14, 15 & 16 of the Writ Petition are not correct as stated therein. In this regard it is stated that the petitioner herein passed his TET Exam in the year 2013 by that time rules have already been amended and TET had been mandatory since 2010 by National Council for Techers Education (NCTE) vide notification dated 11.02 2010. B.Ed. was neither the required qualification at the time of the death of the father of the petitioner nor at the time of the passing of order dated 18.03.2015. It is also relevant to state that the Hon'ble Supreme Court vide judgment dated 11.08.2023 in the case of Devesh Sharma Vs State of Bihar S.L.P No 20743 of 2021 has also been pleased to hold the candidate having B.Ed. qualification are not eligible for the post of assistant teacher."
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