Court No. - 16
Case :- WRIT - A No. - 6804 of 2018 Petitioner :- Manish Kumar Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against order dated 11.8.2015 passed by District Basic Education Officer, Mahrajganj, as well as order dated 11.1.2018 passed by Director of Education (Basic), contained in Annexures-8 and 12 to the writ petition. The orders impugned record that as the petitioner has not been able to secure minimum qualification prescribed i.e. TET within the time permissible under the relevant rules, he cannot continue in the institution.
Learned Senior Counsel appearing for the petitioner has invited attention of the Court to a notification issued on 9.8.2017 by the Central Government, amending the The Right of Children to Free and Compulsory Education (Amendment) Act, 2017, whereby the time to possess minimum qualification, as laid down under Sub-section 1 of Section 23, has been extended up to a period of four years from the date of commencement of Act of 2017. It is also stated that within the time prescribed, petitioner has already secured TET qualification. Submission is that in view of the notification issued by Central Government as well as in view of the fact that petitioner has secured minimum qualification i.e. TET, the orders impugned cannot be sustained.
Learned counsel representing the Basic Education Department points out that petitioner has already approached the Director of Education in respect of such grievance, and his claim is pending.
Considering the facts and circumstances, noticed above, it would be appropriate to dispose of this writ petition requiring the second respondent to examine the claim of petitioner, as noticed above, by means of a reasoned speaking order, within a period of four months from the date of presentation of certified copy of this order. The orders under challenge in this petition shall be subject to the orders to be passed by the second respondent, as indicated above.
Order Date :- 26.2.2018 Anil