The Allahabad High Court has directed the Uttar Pradesh government to take a decision on amending service rules to make teacher eligibility test (TET) mandatory for promotion of teachers of senior basic, junior basic and nursery schools, as mandated by the National Council for Teacher Education (NCTE).
The Lucknow bench of the high court said no such promotions should be made before bringing the required change in rule 18 of the UP Basic Education (Teachers) Service Rules 1981, pertaining to promotion of teachers.
The bench, however, clarified that the order would not bar the promotion of qualified teachers who have cleared TET, but such promotions would be subject to final outcome of the instant petition.
The bench of Justices A R Masoodi and B R Singh passed the order on a writ petition moved by Himanshu Rana and others.
The petitioners have questioned the validity of rule 18 of the UP Basic Education (Teachers) Service Rules 1981 to the extent of non-inclusion of TET criteria for promotions of teachers in senior basic, junior basic and nursery schools.
The petitioners said that the NCTE clarified through a notification on September 11, 2023 that TET was compulsory for such promotions and hence without sticking to this criteria, no promotions can be made.
The petitioners’ counsel, Amrendra Nath Tripathi, relied on a judgment of the Madras High Court holding that TET was compulsory for such promotions.
The bench said that since the Madras High Court judgment is sub-judice in the Supreme Court which has issued notices to the parties concerned, the instant matter requires consideration.
Passing the interim order, the bench directed the central and state governments to file their replies in the matter within three weeks.
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