RAM KUMAR PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted. This batch of appeals has arisen from the judgment dated 1st December, 2016 of the High Court of Judicature at Allahabad in Special Appeal No.657 of 2015 1 and batch of the High Court of Judicature at Allahabad. The High Court has quashed the U.P. Basic Education (Teachers) Service (16th Amendment) Rules, 2012 on the ground that the said amendment was in conflict with the Notification dated 11th February, 2011 issued by the National Council of Teachers Education (NCTE).

(2.) It is not necessary to discuss the issue in detail as in the impugned judgment the High Court has followed its earlier judgment in Shiv Kumar Pathak v. State of U.P., 2013(1)ADJ 21 wherein the issue of validity of 15 th Amendment to the same rule was considered on the same ground. The said issue has been gone into by this Court in a separate judgment in Civil Appeal Nos. 4347-4375 of 2014 entitled State of U.P. and ors. versus Shiv Kumar Pathak and Ors. The High Court in the impugned judgment observed:

(3.) Accordingly, we may deal with the matter very briefly. The Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (1981 Rules) have been framed under Section 19 of U.P. Basic Education Act, 1972 (1972 Act). Basic education in the State of Uttar Pradesh is regulated by the 1972 Act. Section 19 of the 1972 Act, provides for rules to determine the qualification for appointment as teachers and conditions of service of teachers of basic schools.