- (1.) HEARD the learned counsel appearing for the parties and perused the documents on record.
(2.) PURSUANT to advertisement issued on 05.06.2011, the petitioner was selected for appointment on the post of Assistant Teacher and appointment letter was issued on 24.06.2011. The appointment of the petitioner was approved by the District Superintendent of Education, Simdega on 25.10.2011 (Annexure 4 to the writ petition).
(3.) THE learned counsel appearing for the petitioner relying on a judgment of the Allahabad High Court in "Prabhakar Singh Vs. State of U.P., 2013 1 ADJ 651", has submitted that, though the notification dated 23.08.2010 requiring a candidate to pass the Teachers Eligibility Test (TET) is mandatory for the class of teachers who possess degree of Senior Secondary however, in cases where a candidate possesses a degree of Graduation with at least 50% marks and who has also acquired B.Ed. qualification, he has been exempted under Clause 3 of the said notification from passing the Teachers Eligibility Test. The learned counsel appearing for the respondents reiterated the stand taken in the counteraffidavit and has submitted that since the petitioner did not pass TET examination therefore, in terms of notification dated 23.08.2010 of the National Council for Teachers Education (NCTE), the appointment of the petitioner was contrary to the law and therefore, it cannot be approved by the State Government. The learned counsel for the petitioner has further drawn attention of the Court to an order passed by this Court in W. P. (S) No. 7939 of 2012.;