LUKESH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the appellant - Lukesh Kumar against the order dated 28.05.2014, passed by the learned Single Judge in CWP No. 23848 of 2014, whereby the petition filed by Lukesh Kumar (appellant) has been dismissed in terms of the reasons recorded in the case of Raman Garg and another Vs. State Council for Education and Research Training, Punjab, CWP No.7788 of 2014 decided on 28.05.2014. In fact three writ petitions, that is, of Raman Garg (supra), Lukesh Kumar (appellant) and Nensi CWP No.9524 of 2014 were dismissed by a common order.

(2.) The appellant Lukesh Kumar filed a petition in this Court seeking quashing of the result notification dated 07.10.2014 of the Teachers Eligibility Test, Paper - II held on 24.08.2014. The appellant in the said test scored 89 marks out of 150 and was one mark short of the qualifying marks of 90 i.e. 60 per cent for being eligible for consideration for appointment as an Upper Primary School Teacher for classes VI to VIII. The appellant prayed for declaring him as qualified in the Punjab State Teachers Eligibility Test (PSTE Test - for short) Paper-II held on 24.08.2014 as questions No.56 and 1 (Question Booklet Series/S.S.T-4) were incorrect due to which two less marks had been awarded to him.

(3.) The case relates to the question of determining the eligibility of the appellant for consideration for appointment as an Upper Primary School Teacher for classes VI to VIII. The Parliament enacted the 'Right of Children to Free and Compulsory Education Act, 2009' ('Act' - for short) to provide for free and compulsory education to all children of the age of six to fourteen years. The Act inter alia provides that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. Sec. 23 of the Act provides for qualifications for appointment and terms and conditions of service of teachers. Sub-section (1) of Sec. 23 envisages that any person possessing such minimum qualifications, as laid down by an 'academic authority', authorised by the Central Government, by notification, shall, be eligible for appointment as a teacher.