SURYA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the above writ petitions and the writ petitions mentioned in the Schedule appended to this judgment, common dispute and question of law is involved with regard to seeking direction to the respondent State for considering the candidature of those candidates who possess academic degree of graduation with B.Ed and have cleared Phase-I of the Rajasthan TET for the level Classes I to V for appointment on the posts of Teacher Grade-III of Level - I. Accordingly, all these writ petitions shall stand disposed of by this common order/judgment.

(2.) The Central Government enacted the Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 2009), in which, under Section 23 (1) it is provided that minimum qualification shall be laid down by an academic authority authorized by the Central Government. The Central Government authorised the National Council for Teacher Education ("the NCTE" hereinafter) to lay down the minimum qualification for appointment of Teachers. The NCTE, after authorization, laid down the qualifications for Teacher vide notification dated 23.08.2010 (which is subsequently amended vide notification dated 29.07.2011). In para 3 of the above notification those candidates possessing degree of graduation with at least 50% marks and B.Ed. qualification were also held eligible for appointment as Teacher Grade III for level I for classes I to V up to 01.01.2012 along with the candidates possessing prescribed qualification provided they undergo, after appointment, an NCTE recognized 6 months' special programme in the elementary education.

(3.) The State Government vide notification dated 11.05.2011 inserted the qualification for appointment of Teacher in Rule 266 of the Rajasthan Panchayat Raj Rules, 1996. The main contention of the petitioners in the writ petitions is that they are possessing the qualification of graduation degree with B.Ed. and they have cleared the RTET 2011, therefore, as per para 3 of the notification dated 23.08.2010 they are eligible to be appointed on the posts of Teacher Grade-III; but, the said qualification has not been prescribed in the advertisements issued by the Zila Parishads of all the districts in the State although the said qualification is incorporated in para 3 of the notification issued by the NCTE.