HARBHINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is to the corrigendum dated 28.10.2011 (Annexure-P-3) being violative of Articles 14 and 16 of the Constitution of India and notification dated 29.7.2011 (Annexure-P-5), issued by the National Council for Teacher Education (NCTE).

(2.) The grounds for challenging the said corrigendum is that the same is contrary to the provisions of Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (in short 'RTE Act') and the notification dated 29.7.2011 (Annexure-P-5), issued by the NCTE, vide which the minimum qualification for a person to be eligible for appointment as a teacher for Class 1 st to 5 th has been laid down. The corrigendum is stated to have been issued as per the provisions of the notification dated 23.8.2010 (Annexure-P-6), issued by the NCTE which does not take into consideration the amended notification dated 29.7.2011.

(3.) In the writ petition it is not stated that as to what would be the material difference as regards the notification except that in the notification dated 29.7.2012, there is no mention of the eligibility of candidates who have passed graduation and B.Ed. with at least 50 per cent marks in accordance with National Council for Teachers Education (Recognition Norms and Procedure) Regulations as issued from time to time and will be eligible for appointment to the post of teacher for teaching Class 1 st to 5 th upto 1.1.2012, provided the concerned candidate after appointment undergoes an NCTE recognized six months' 'Special Programme in Elementary Education'. It has been asserted that part of the corrigendum providing for this qualification cannot thus, sustain.