MANJU SHRI RANA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by petitioner-Manju Shri Rana aggrieved by rejection of her candidature for appointment on the post of Middle School Teacher (Subject English), in Teachers Recruitment Counseling while verification of documents.

(2.) According to the learned counsel appearing for the petitioner, the petitioner secured 90.41 marks in Middle School Teacher (Professional Examination Board) Eligibility Test, 2018. The petitioner was having requisite qualification of BA with 41.71% marks, MA (English) with 65% marks and B.Ed and therefore, she applied for appointment on the post of Middle School Teacher (Subject English) and appeared in Middle School Teacher (Professional Examination Board) Eligibility Test 2018. She was declared qualified by acquiring 90.41 marks out of 150 marks with total percentage 60.27%, while the percentage criteria meant for OBC was 50% and for General Category 60% as required in the advertisement dated 29.12.2019. The petitioner was required to upload the documents for their verification by Teachers Requirement Council in the month of June, 2020. The petitioner uploaded the documents on 11.6.2021 just after one year, but after one year, they verified the documents and showed "to be rejected". On making query, the respondents orally informed the petitioner that as she does not possess 50% marks in graduation, she cannot be treated as eligible. The petitioner has submitted the representation on 23.6.2021 to the Commissioner, Directorate of Public Instructions, Bhopal.

(3.) Learned counsel for the petitioner submitted that while it may be true that as per the earlier notification dated 29.7.2011 issued by the National Council for Teacher Education minimum 50% marks were required in graduation, but the NCTE in exercise of its power under Section 23 (1) of Right of Children to Free and Compulsory Education Act, 2009 (RTE) amended the earlier notification and has now issued a fresh notification dated 13.11.2019 introducing amendment to the following effect :-