JAYTUN PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of mandamus commanding upon the respondents to issue TET Certificate in favour of the petitioners pursuant to the examination held on 20.7.2011. Since all the writ petitions involve identical questions of fact and law, therefore, with the consent of learned counsel for the parties, all the writ petitions are taken up together. W.P.(C) No. 6142 of 2012, (Jaytun Purty and Others vs. The State of Jharkhand and Others) is taken up as the leading case.

(2.) The brief facts of the present case inter alia are that Jharkhand Academic Council vide advertisement No. 27 of 2011, Annexure-1 to the writ petition had invited applications for the post of Assistant Teacher against the district wise vacancies. As per the advertisement, every candidate had to appear in the preliminary examination consisting of one paper of Language, second paper of Social Science and third paper of General Knowledge with further stipulation that general candidates had to secure minimum 50 per cent marks while reserved category candidates had to secure 35 per cent marks to be eligible for the main examination.

(3.) In fact as per the Section 23 of Right of Children to Free and Compulsory Education Act, 2009, a person possessing such minimum qualifications, as laid down by an academic authority, authorized by the Central Government, shall be eligible for appointment as Teacher. National Council of Teacher Education vide notification dated 23rd August, 2010, Annexure-8 to the writ petition has prescribed the qualification for the Assistant Teacher for Classes-I to V which reads as under:-