Education/Educational Institutions: Eligibility criteria for appearing in Teacher Eligibility Test (TET) – NCTE by Notification dated 23.08.2010 laid down minimum qualification for a person to be eligible for appointment as a teacher in class I to VII – One of the eligibility criteria stated therein is “passed in the TET to be conducted by appropriate government in accordance with the guidelines framed by the NCTE for the purpose” – The eligibility for the TET examination is provided in Para 5 of the NCTE Guidelines – Para 5 of the guidelines states that the incumbents who have acquired the qualification academic as well as professional can apply for TET examination – The second category of candidates who can apply for TET examination is those who are “pursuing” any TTC – Issue involved in these appeals is the meaning and interpretation of the word “pursuing” as appearing in Para 5(ii) of the NCTE Guidelines – Held: The meaning of “pursuing” is a person who is undergoing any of TTC – He/she must have been admitted and pursuing TTC which is prescribed as a qualification – Declaration of the result, appearing in the examination or date of filling up of the forms, etc. cannot be the criteria to appear in the TET examination – Therefore, a candidate who is undergoing i.e., “pursuing” the requisite TTC shall be eligible to appear in the TET examination – By impugned order, Division Bench of the High Court in respect of eligibility held that as on the last date specified for filling up the online form for TET examination, the candidates must have appeared in the examination (of TTC) and the result has not been declared – These riders are not proper in view of clear language used in clause 5(ii) of the NCTE guidelines – Division Bench of High Court read into and/or added something more than what is provided in clause 5(ii) of the NCTE guidelines – The language used in clause 5 (ii) of the NCTE guidelines is simple, clear and unambiguous – In the instant case, admittedly, on the cut-off date, all the candidates were pursuing the concerned TTC – Thereafter, all of them cleared the TET examination as well as cleared the concerned TTC – At the time when they were appointed as Assistant Teachers, all of them fulfilled the eligibility criteria for appointment as Assistant Teachers – All of them passed the TET examination and also passed the TTC as per the requisite eligibility criteria – Thus, ousting certain incumbents by the High Court cannot be sustained since they were pursuing TTC and they were clearly eligible to appear in the TET examination and passed it while pursuing the requisite professional qualification for being eligible to be appointed as Assistant Teachers – The respective appellants whose appointments were challenged were eligible to appear in the TET examination at the time they were “pursuing” the concerned TTC – Thus, the decision of the High Court, to the aforesaid extent, is not sustainable – The impugned orders of the High Court are accordingly modified to the aforesaid extent – As regards the submission with regard to persons who have passed Graduation without Science or Mathematics as one of the subjects is concerned, the concerned District Education Officers are directed to carry out the exercise to find out such candidates who are Graduate and have been appointed as Assistant Teachers without having Science or Mathematics as one of the subjects, within a period of three months – Right of Children to Free and Compulsory Education Act, 2017 – s.23 – Interpretation of statutes – Uttar Pradesh Basic Education Act, 1972 – s.2(1)(b) – Teacher Training – Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 – r.8 – NCTE Guidelines.
Interpretation of Statutes: As per the cardinal principle of the rule of interpretation, while construing a particular provision, the particular provision is required to be read as it is and nothing is to be added or taken away – Education/Educational Institutions. Interpretation of Statutes: The expression ‘rule of literal construction’ lays down that words of a statute are first understood in their natural, ordinary or popular sense and phrases, and sentences are construed according to their grammatical meaning – Education/Educational Institutions.
Words and Phrases: Word “pursuing” – Meaning of – Education/Educational Institutions.
G.P. Singh in ‘Principles of Statutory Interpretation’ (14th end.) at p. 91 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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