Allahabad High Court Puts A Stay On Issuance Of Eligibility Certificates In Favour Of Successful UPTET-2021 Candidates

the Allahabad High Court has put a stay on the issuance of eligibility certificates to B.Ed degree holders who have qualified for the UPTET (Primary level) Examination, 2021.

The Bench of Justice Siddharth has issued this order in a writ plea moved by Prateek Mishra and 4 others praying not to declare the result of B.Ed. Qualified candidates who appeared in the Uttar Pradesh Teacher Eligibility Test (Primary Level), 2021.

The Counsel for the Petitioners, Advocate Taniya Pandey submitted that the B.Ed. Degree holders have been declared ineligible for appointment to the post of Assistant Teacher in primary schools (Classes I to V) by the Rajasthan High Court in its November 2021 decision.

It was her further submission that the Rajasthan High Court has set aside the order of NCTE (National Council for Teacher Education) dated June 28, 2018, in which B.Ed degree holders were also considered eligible to teach in primary schools.

Importantly, it was the petitioners’ specific plea that when the notification itself had been canceled, the B.Ed degree holders are no longer eligible to teach in primary schools. Therefore, the eligibility certificate of BEd degree holders who have passed TET 2021 should not be issued.

Advocate Pandey also submitted that in the State of UP, the state government has not considered the judgment of the Rajasthan High Court and the results of the examination of UPTET have been declared on 25.02.2022 and now, the certificates are about to be distributed to the selected candidates.

It was admitted by the Examination Authority (Respondent no. 3) that the notification of NCTE had been quashed by the Rajasthan High Court and if any notification was made in pursuance of the aforesaid judgment, the same shall be complied. In response to this, Advocate Pandey submitted that it is for the state government to issue appropriate notification.

In view of this, the Court sought a response from the Standing Counsel and to seek instructions in this regard as to whether any notification has been issued in the state of UP as per the judgment of the Rajasthan High Court.

Consequently, posting this case as a fresh case on May 16, 2022, the Court ordered that no certificate shall be issued in favor of the candidates who have qualified for the UPTET-2021.

Case title – Prateek Mishra And 4 Others v. State Of UP And 2 Others [WRIT – A No. – 1512 of 2022]

Click here to Read/Download Order

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