STATE OF U.P AND ORS. ETC. ETC. versus SHN KUMAR PATHAK AND ORS. ETC. ETC.

Citation: [2017] 7 S.C.R. 905 · Decided: 25-07-2017 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off
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Judgment (excerpt)

[2017] 7 S.C.R. 905 
STATE OF U.P AND ORS. ETC. ETC. 
v. 
SHN KUMAR PATHAK AND ORS. ETC. ETC. 
(Civil Appeal Nos. 4347-4375 of 2014) 
JULY25,2017 
[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] 
Service Law: 
905 
A 
B 
Recruitment - National Council for Teachers Education 
(NCTE) laid down qualification for appointment of teachers of C 
elementary education by issuing Notification dated 2J•d August , 
2010 - By Notification dated 11'" February, 2011 NCTE issued 
guidelines to conduct Teachers Eligibility Test (TET) and also 
provided for weightage to the marks in the said test for recruitment 
of teachers - State Government amended Uttar Pradesh Basic D 
Education Rules, 1981 by its 12"' amendment to bring it in 
consonance with the notifications issued by NCTE - Advertisement 
dated 30'" November, 2011 (in accordance with 12"' amendment) 
c011celled - Further, State by 15'" amendment to the 1981 Rules 
provided that weightage to TET marks was not required - Thereafter, 
fresh advertisement dated 7'" December, 2012 - 15'" amendment as 
well as cancellation of previous advertisement challenged on the 
ground that it rendered the rules inconsistent with the NCTE 
guidelines - Single Judge of High Court dismissed the writ petition 
E 
- Division Bench of High Court, set aside the fresh advertisement 
and directed the State to conclude the selection as per advertisement 
dated 30'" November, 2011 - On appeal, held: NCTE was competent 
to issue the Notifications dated 23rd August, 2010 and llth 
February, 2011 - Therefore, State Government was under obligation 
· to act as per the said notifications - However, in view of the stand 
F 
of NCTE that weigh/age to marks in TET was not mandatory, 15'" 
amendment to the 1981 Rules, need not be interfered with - Since 
G 
by interim order of Supreme Court 66,655 posts against 72,825 
posts have already been filled in, as per advertisement dated 30'" 
November, 2011, the same cannot be disturbed - However, the Stale 
is at liberty to fill up the remaining vacancies as per fresh 
advertisement - Constitution of India - Art. 254; Schedule Vil, List H 
905 
906 
SUPREME COURT REPORTS 
(2017] 7 S.C.R. 
A 
Ill, Entry 25 - Right of Children to Free and Compulsory Education 
Act, 2009 - s. 23 - National Council for Teachers Education Act, 
1993 - ss. 12(d) and 12A - Uttar Pradesh Basic Education Act, 
1972 - Uttar Pradesh Basic Education Act, 1972 - Uttar Pradesh 
Basic Education Rules, 1981. 
B 
c 
Disposing of the matters, the Court 
HELD: 1. The National Council for Teachers Education 
(NCTE) acting as an 'academic authority' under Section 23 of the 
Right of Children to Free and Compulsory Education Act, 2009 
under the Notification dated 31" March, 2010 issued by the 
Central Government as well as under Sections 12 and 12A of the 
National Council for Teachers Education Act, 1993 was competent 
to issue Notifications dated 23rd August, 2010 and 11 11' February, 
2011. The State Government was under obligation to act as per 
the said notifications and not to give effect to any contrary rule. 
However, since NCTE itself has taken the stand that notification 
D 
dated 11 •h February, 2011 with regard to the weightage to be given 
to the marks obtained in TET is not mandatory, which is also a 
possible interpretation, the view of the High Court in quashing 
the 15'h Amendment to the 1981 Rules has to be interfered with. 
Accordingly, while it is upheld that qualifications prescribed by 
E 
F 
the NCTE are binding, requirement of weightage to TET marks 
is not a mandatory requirement. [Para 16) [922-D-F) 
2. In normal course the State would have been at liberty to 
proceed with the selection in terms of advertisement dated 7'h 
December, 2012 in accordance with the amended rules by way of 
15'h amendment, in view of developments which have taken place 
during pendency of these appeals, the said advertisement cannot 
proceed and while upholding the said advertisement,. relief has 
to be moulded in the light of developments that have taken place 
in the interregnum. 66,655 teachers have already been appointed 
in pursuance of the interim orders of this Court. Having regard 
G to the entirety of circumstances, the same cannot be disturbed. 
However, the State is at liberty to fill up the remaining vacancies 
in accordance with law after issuing a fresh advertisement. [Paras 
17, 19) [922-G; 923-D-E] 
Shiv Kumar Sharma and Ors. v. State of U.P. and Ors. 
H 
2013 (6) ADJ 310 - referred to.
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