- (1.) Heard Sri Ashok Khare, learned Senior Advocate, and perused the record.
(2.) Petitioner is challenging advertisement dated 29/30.11.2011 as also Rule 14 (3) of U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981"). It is contended that National Council for Teachers Eduction (hereinafter referred to as "NCTE") provided minimum qualification for appointment on the post of Assistant Teacher in Primary Schools and passing of Teacher Eligibility Test (hereinafter referred to as "TET") conducted by appropriate Government in accordance with the guidelines given by NCTE was made essential qualification. Pursuant thereto the State Government conducted TET on 13.11.2011 result whereof was declared on 25.11.2011. Petitioner passed said test. In the meantime, Rules,1981 were amended by notification dated 9.11.2011 vide U.P. Basic Education (Teachers) Service (Twelfth Amendment) Rules, 2011 which came into force at once. It made amendment in Rules 8, 14, 27 and 29. Rule 8 was with reference to qualifications and Rule 14 with reference to procedure to be followed for recruitment for appointment on the post of Assistant Teacher in Primary Schools. The amendment incorporates TET as a part of essential qualification besides others and Rule 14 (3) provides that a list of the candidates of such persons who appear to possess prescribed academic qualification and eligible for appointment shall be prepared wherein their names shall be arranged in such manner that their names are placed in the descending order on the basis of marks in Teacher Eligibility Test conducted by Government of Uttar Pradesh. Pursuant to the said amendment in the Rules, an advertisement was published on 29/30.11.2011 for selection for appointment to the post of Assistant Teacher in Primary School which is consistent to the said amendment in the Rules. Sri Khare submitted that TET is one of the qualifying examination prescribed by NCTE and the process of such examination commenced before 13.11.2011 pursuant whereto the examination was held on 13.11.2011 and the result was declared on 25.11.2011. For the purpose of making selection and appointment as Assistant Teacher the said qualification cannot be made a basis/foundation particularly considering the process of the said test as it amounts to change of rules of the game when the game has already commenced and in support thereof placed reliance on judgements of this Court in K. Manjusree Vs. State of Andhra Pradesh and another, 2008 3 SCC 512and Hemani Malhotra Vs. High Court of Delhi, 2008 7 SCC 11.
(3.) He further submitted that a qualifying test cannot be made sole basis for selection to the post of Assistant Teacher and in this regard placed reliance on a Full Bench Judgement in Uma Shankar Singh & others Vs. Chairman, Public Service Commission,1994 2 UPLBEC 1412and Apex Court decision in Andhra Pradesh Public Service Commission Vs. Baloji Badhavath & others, 2009 5 SCC 1.;