Saturday, October 21, 2017

Can not get a discount in the prescribed qualification, Advocate Vimal Vadhavan's article and legal opinion in the case of education

All these episodes related to education films have once again proved that political intelligence abuses their rights in violation of laws many times ...

Vimal Vadhavan Advocate
All these episodes related to education films have once again proved that political intelligence abuse many of its rights by violating laws many times. There is ever corrupt purpose behind this misuse, and then the vote bank politics. Those benefacted by such efforts of politicians should be prudently thinking that such benefits to be achieved without rights can not be permanent. The law does not tolerate corruption, but supremacy of law does not give importance to the tricks of politicians. If you have got any benefit in the unlawful manner today, then the principle should always be remembered that the law always keeps awake and protects its own society.
In order to meet the shortage of teachers in the schools of Uttar Pradesh, there was a public declaration of duly vacant places, invitations were invited from the applicants, written or oral interviews, but the state government did not do so In the year 1999, misuse of education issued by Shikshitrama scheme by a government order. The objective of this order was to establish balance in student and teacher ratio in the state. For this, the program to keep people less qualified than the teachers with the prescribed qualifications was given the teacher's salary less than the prescribed wages. Initially, the objective of keeping only 10 thousand education students on contract basis was only 1450 rupees per month. This contract was only for 11 months. The education of teachers was only for rural areas. This appointment was to be done by the education committee of the village. On which one committee was appointed for the control of the District Magistrate. After that this scheme was expanded every year.
On the other hand, for the appointment of a teacher, many central government's laws and provisions were demanding special abilities. Uttar Pradesh's own basic education law also demanded some such qualifications. A national council was constituted to determine the eligibility of teachers at the Central level. Even the free and compulsory education law for children also sets the criteria for teachers' education. In addition to all these qualifications, training of 6 months was also mandatory for the teachers to be appointed. On the request of the Uttar Pradesh government, the Central Government relaxed the training rules by applying open and remote training scheme for education for girls. In this way, the students can get training as they sit at home. But the Central Government also made it clear that these education students without training can not be given regular jobs.
The Uttar Pradesh government issued an order to relax the prescribed educational qualifications for the appointment of assistant teachers in primary schools on May 30, 2014. It was also stated in this order that in addition to other sources, education students can be appointed as teachers, whose qualifications are undoubtedly less than the prescribed qualifications. Thus, about 1 lakh 78 thousand education students were appointed as regular teachers, out of which about 46 thousand students were only 12th pass.
The entire dispute in Uttar Pradesh's Allahabad High Court was presented in the form of several petitions, on which the High Court canceled all these appointments. The Uttar Pradesh government submitted an appeal before the Supreme Court.
The Supreme Court's Judge Adarsh ​​Kumar Goyal and the bench of Justice Uday Umesh Lalit underlined some abstract points in this whole case.
1. The appointment of education students was only a contract on teachers' salary less than the teachers, so that the rural youth could serve their respective fields.
2. He was not expected to have equivalent qualifications of teachers.
3. The order to appoint education students on regular pay like regular teachers is a violation of the legal provisions related to the competent qualifications for the appointment of teachers.
4. The relaxation of training of education students was not always applicable and neither could they be appointed as regular teachers on the basis of this relaxation.
5. Relaxation in training does not mean that eligibility has also been relaxed.
6. Regularization of education of education students was not in the same position.
In a judgment, the bench of the Supreme Court said that on one hand we have a large number of these students claiming to regularize the services, and on the other hand, the laws related to providing good education to the 6 to 14 year olds through qualified teachers The duty to implement is standing in front of us. For some time, in the name of an immediate arrangement, of course, even after accepting the requirement to be appointed for education, people with less qualification should be appointed as a qualified teacher, if there is an age or experience relaxation facility Can be provided, but the prescribed qualification can not be ignored. Therefore, education students can not be allowed to be regularized like a teacher. If some of these teachings are set by some people


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