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Yogita Bhimrao Shisode Alias Nutan ... vs The State Of Maharashtra And Others on 11 June, 2021 cites

State Of U.P vs Anand Kumar Yadav . on 25 July, 2017

Their claims were discarded and the candidates not possessing requisite qualification are appointed. This is an inaction on the part of the State of Maharashtra permitting recruitment of ineligible persons. The petition is filed for strict implementation of Section 23 of the RTE Act. The learned counsel relies on the judgment of the Apex Court in a case of State of Uttar Pradesh Vs. Anand Kumar Yadav reported in (2018) 13 SCC 560. The Apex Court held that, no appointment was permissible of the teachers not possessing minimum qualification after 23.08.2010 i. e. after the ::: Uploaded on - 15/06/2021 ::: Downloaded on - 16/09/2021 00:27:35 ::: 33 wp 4904.20 date of notification by the NCTE. The relaxation may be invoked for the limited period or in respect of persons already appointed in terms of application of rules relating to qualifications. The State be directed to strictly implement the central enactment.
Supreme Court of India Cites 36 - Cited by 921 - A K Goel - Full Document

Anand Kumar Yadav And 2 Others vs Union Of India Thru Secy. And 4 Others on 12 September, 2015

"112. The object and purpose of introducing the TET is toensure that a teacher who embarks upon instructing students of primary and upper primary classes is duly equipped to fulfill ::: Uploaded on - 15/06/2021 ::: Downloaded on - 16/09/2021 00:27:35 ::: 42 wp 4904.20 the needs of the students, understands the relevance of education for a child at that stage and can contribute to the well rounded development of the child. Teaching a child is not merely a matter of providing information. Deeply embedded in the process of imparting education is sensitivity towards the psyche of the child, the ability to understand the concerns of a young student of that age, the motivations which encourage learning and the pitfalls which have to be avoided. The emphasis on clearing the TET is to ensure the maintenance of quality in imparting primary education. These requirements which have been laid down by NCTE fulfill an important public purpose by ensuring a complement of trained teachers who contribute to the learning process of children and enhance their growth and development. These requirements should not be viewed merely as norms governing the relationship of a teacher with the contract of employment. These norms are intended to fulfill and protect the needs of those who are taught, namely, young children. India can ignore the concerns of its children only at the cost of a grave peril to the future of our society. The effort of the State Government to by-pass well considered norms which are laid down by NCTE must be disapproved by the Court. We have done so on the ground that the State Government lacks the legislative power and competence to do so. Equally, fundamental is the concern that a relaxation of the 53 norms prescribed by an expert body will result in grave detriment to the development and growth of our young children and the provision of quality education to them. Providing quality education is crucial for students belonging to every strata of society. Education which is provided in schools conducted by the Basic Education Board should not be allowed to degenerate into education of poor quality which it will, if the norms which are prescribed by an expert body under legislation enacted by Parliament in the national interest are allowed to be ignored by the State Government on the basis of parochial or populist perceptions. Such an attempt is ultra vires the statutory powers of the State and is arbitrary and violative of Article 14 of the Constitution."
Allahabad High Court Cites 57 - Cited by 107 - Full Document
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