THAMANGJAM HENA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking to quash the impugned notification dtd. 22/10/2019 as the same is not sustainable in the eye of law and also to direct the respondents to allow only the candidates who have passed two years Diploma Elementary Education in Teacher Eligibility Test conducted by the Board of Secondary Education, Manipur

(2.) The case of the petitioners is that they are eligible candidates to appear for the Teachers Eligibility Test (TET) which is to be conducted by the Board of Secondary Education, Manipur (BOSEM) According to the petitioners, passing of TET is an essential qualification for appointment to the post of Primary Teacher under the Department of Education and as per the regulations framed by the National Council for Teacher Education (NCTE), Diploma in Elementary Education (D.El.Ed.) is a two year professional programme for Teacher Education and it will have a duration of two academic years. By allowing the said regulation of NCTE, the Government of Manipur has notified the Recruitment Rules for the post of Primary Teacher and Upper Primary Teacher of SSA. As per the said Recruitment Rules for the post of Primary Teacher, passing of D.El.Ed and TET are essential qualifications for appointment as Primary Teacher.

(3.) Further case of the petitioners is that on 23/9/2019, the Controller of Examinations, BOSEM issued a notification for holding TET for the Primary Teachers and Upper Primary Teachers and the minimum educational qualifications prescribed in the said notification are the qualifications mentioned in the Recruitment Rules for the post of Primary and Upper Primary Teachers of SSA. However, by the impugned notification dtd. 22/10/2019, the Controller of Examinations, BOSEM issued another notification whereby the last date for online submission of payment of fees for TET, 2019 was extended up to 28/10/2019 and further a fresh condition, which is not found in the notification dtd. 23/9/2019 that is candidates who passed Senior Secondary or Graduation with at least 50% (45% for SC/ST) of marks and passed D.El.D conducted by the National Institute of Open Schooling (NIOS) may also apply for the TET, 2019 was incorporated. Challenging the same, the petitioners have filed the present writ petition.