Rajasthan High Court Bench Jodhpur Earlier Judgement on T.E.T.- 14 MAY, 2012 UPLOADED BY VIJAY KUMAR HEER

Rajasthan High Court Bench Jodhpur Earlier Judgement on T.E.T.- 14 MAY, 2012 UPLOADED BY VIJAY KUMAR HEER **************** BY IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : 1. Devi Singh & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.1888/2012) 2. Rakesh Godara & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.1839/2012) 3. Jenendra Kumar Pareek & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.4366/2012) 4. Ram Lakhan Sharma & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.4483/2012) DATE OF ORDER : May 14th, 2012. P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr. P.S. Bhati, Mr. P.R. Mehta, Mr. H.S. Sidhu And Mr. Kailash Jangid for the petitioners. Mr. G.R. Punia, Sr. Advocate & Addl. Advocate General with Mr. Mahendra Choudhary, Addl. Govt. Counsel. Mr. Kuldeep Mathur for NCTE. Mr. Rakesh Arora for the respondent Board. BY THE COURT : In all the above writ petitions common facts and question of law is involved, therefore, these writ petitions are decided by this common order. For the sake of convenience, the facts in 2 S.B. Civil Writ Petition No.1888/2012, Devi Singh & Others Vs. State of Rajasthan & Others are taken into consideration for discussion. The petitioners are possessing qualification of graduation with training course of B.Ed. and they are waiting for appearing in the competitive test for recruitment on the posts of Teacher (Grade-III) since 2006. Now, in the year 2012, advertisements have been issued by the different Zila Parishads of all the districts in the State whereby applications have been invited for appointment on the posts of Teacher Grade-III. The main prayer is that the respondents may be directed to allow the petitioners to participate in the present selection process of Teacher Grade-III subject to their performance in the RTET- 2012 and, in the alternative, the respondents may be directed to conduct RTET-2012 prior to the recruitment of Teachers Grade- III in the year 2012 under the advertisements dated 24.02.2012 issued by the various Zila Parishads of all the districts of the State. It is also prayed that the advertisements of Teacher Grade-III issued by the respondents may be quashed and set aside or may be stayed till conducting RTET-2012; and, any other relief which may be deemed fit by this Court may be granted. The main contention of the petitioners is that since 2006 no recruitment is made by the State, however, in the year 2009 the qualification for the post of Teacher Grade-III was changed 3 under the Right of Children to Free and Compulsory Education Act, 2009. The National Council for Teachers Education was authorized to lay down the qualifications; and, as per qualification laid down by the National Council for Teachers’ Education (in short, NCTE hereinafter) a candidate for recruitment on the post of Teacher Grade-III is required to possess TET qualification in addition to his academic and training qualification. The said eligibility is prescribed after amendment in the Rules by the State Government. Learned counsel for the petitioners submits that the Central Government enacted the Right of Children to Free & Compulsory Education Act, 2009 on 26.08.2009, in which, under Section 23, it is provided that any person possessing such minimum qualification as laid down by the Academic Authority authorized by the Central Government by notification shall be eligible for appointment as a Teacher. While exercising power under Section 23(1) the Central Government issued notification on 31.03.2010, by which, the Central Government authorized the NCTE as the Academic Authority to lay down the minimum qualification for a person to be eligible for appointment as Teacher. It is submitted by learned counsel for the petitioners that after authorization under Section 23(1) of the Act of 2009 vide notification dated 31.03.2010, the NCTE issued notification on 23.08.2010 whereby the qualification was prescribed in which, in 4 addition to academic qualification and training, another qualification which is Teachers’ Eligibility Test, is inserted and, in the notification, it is specifically provided that candidates should pass the Teachers’ Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. After issuance of the aforesaid notification, another notification was issued whereby certain amendments were made in the qualification by the NCTE on 29.07.2011 but the eligibility of passing TET remained the same. As per the notification, TET is to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE, therefore, for the purpose of conducting the TET, the NCTE issued Guidelines (Annex.-P/2 filed in S.B. Civil Writ Petition No.4483/2012) and circulated the same to all the States vide communication dated 11.02.2011. In para 11 of the Guidelines, duty is cast upon the appropriate Government to conduct TET at least once every year and decided that validity of the period of TET qualifying certificate for appointment subject to maximum of 7 years for all categories. It is also provided that there will be no restriction on the number of attempts a person can take for acquiring the TET certificate. The main contention of the petitioners is that after issuance of the Guidelines on 11.02.2011 in the year 2011, the State Government authorized the Board of Secondary 5 Education, Rajasthan, Ajmer to conduct the TET and said test was conducted by the Board on 31.07.2011 and result was declared in the month of August 2011. It is specifically submitted that due to inaction on the part of the State since 2006 to 2011 no appointments are made for the posts of Teacher Grade-III, therefore, all the posts occurred since 2006 remained unfilled. Now, the State Government through the Zila Parishads is going to make recruitment of 40000 posts of Teacher Grade-III and, for the same, advertisements have been issued on 24.02.2012 and to participate in the recruitment of 40000 posts only those candidates are eligible who qualified the TET 2011 examination and none else. Learned counsel for the petitioners submits that since 2006 no recruitment of Teacher Grade-III took place in the State of Rajasthan and, in the year 2009, when the Act of 2009 was enacted and different qualification is prescribed through the NCTE, then, the process of conducting TET was initiated in the year 2011. In the TET 2011 conducted by the Board of Secondary Education, Rajasthan, Ajmer more than five lakh candidates appeared; but, only 43.81 per cent female candidates were declared successful and 25 per cent male candidates were declare successful. While inviting attention towards certificate of TET 2011, learned counsel for the petitioners submit that the TET 2011 conducted by the Board of Secondary Education, Ajmer, was 6 also contrary to the Guidelines issued by the NCTE and, now, without conducting TET for the year 2012, the State Government is going to recruit 40000 Teachers Grade-III, that too, without providing opportunity of acquiring certificate of TET to the lakhs of candidates and, due to inaction on the part of the State authorities, lakhs of candidates are being deprived to obtain the eligibility of TET certificate; therefore, competition for 40000 posts has become so narrow because quite lesser number of candidates who qualified the TET 2011 only are available and large number of candidates who are otherwise possessed of the essential academic and training qualification but not able to get an opportunity to appear in the TET 2012 will be deprived from the opportunity of participating in the recruitment process only due to inaction on the part of the State because they are not possessing the certificate of TET eligibility. Therefore, it is prayed that there is total lethargy and mismanagement of affairs by the respondent State on account of which lakhs of persons are deprived from the opportunity of even competing for recruitment on the posts of Teacher Grade- III. Therefore, it is prayed by learned counsel for the petitioners that the respondent State may be restrained from proceeding with the process for making appointment on the posts of Teacher Grade-III in pursuance of the advertisements issued by the State through Zila Parishads on 24.02.2012 without first conducting TET 2012. 7 Learned counsel for the petitioners submits that due to non-conducting TET – 2012 first the petitioners and like them lakhs of candidates have been deprived from competing in the recruitment process and opportunity is only available to the candidates who cleared TET - 2011, therefore, the action of the respondents is in violation of Articles 14, 16 and 21 of the Constitution of India. The respondents are snatching the right of the petitioners due to their lethargic attitude although they are possessed of the qualification which were in existence prior to amendment in the year 2009 and vacancies of the posts of Teacher Grade-III have not been filled in since 2006 and, now, due to new eligibility criterion, the respondents are again snatching the right of the petitioners by contemplating to first proceed with the recruitment and, thereafter, conduct TET some time in the year 2012 which would be of no avail for the petitioners and lakhs of other persons like them. Therefore, prayer made in the writ petition may be allowed and the respondents may be directed to proceed for selection in pursuance of advertisements issued on 24.02.2012 and first conduct TET – 2012 examination and, then, proceed for recruitment of Teachers Grade-III for 40000 posts. The State Government cannot be permitted to hold selection on the posts of 40000 teacher Grade-III from amongst the candidates who qualified TET – 2011, therefore, the whole process of selection may be quashed. Per contra, learned Addl. Advocate General submitted that 8 delay was caused after TET 2011 due to litigation in the High Court and for the reason that amendments were not made in the rules and after amending the Rajasthan Panchayat Raj Act, 1994 and Rajasthan Panchayat Raj Rules, 1996 in the month of May 2011 the process of selection has been initiated and, now the advertisements have been issued for recruitment on the posts of Teacher Grade-III and, prior to that, in the month of July 2011 TET examination through the Board of Secondary Education, Ajmer; and, now, the said 40000 vacancies are sought to be filled up in accordance with the rules. Learned Addl. Advocate General submits that notification issued by the NCTE with regard to qualification has already been upheld by the Division Bench of this Court in D.B. Civil Writ Petition No.3954/2011 of Sushil Sompura along with 43 other writ petitions vide judgment dated 20.05.2011; and, prior to that vide notification dated 11.05.2011, amendment was made in the Rajasthan Panchayat Raj Act, 1994 and Rajasthan Pachayat Raj Rules 1996 and, under Rule 266 of the Rules, the qualification prescribed by the NCTE was incorporated in the Rules, therefore, the State Government has been abiding by the qualification prescribed by the NCTE under the Act of 2009. It is further submitted that in the Guidelines, it is provided that once in a year the TET should be conducted but, for the first time, in the month of July 2011, the said examination was conducted and, similarly, it will be conducted in the 2012 also, that is to say, year 2012 has not yet ended, therefore, there can 9 be no grievance to the petitioners to the extent that TET is not conducted in the year 2012. However, the petitioners cannot claim that selection process should be stayed and TET – 2012 should be conducted first; and, thereafter, to proceed for selection. It is submitted by the counsel for the State that the petitioner could not succeed in the TET – 2011 examination, therefore, they cannot claim that TET – 2012 should be conducted first and, thereafter, to proceed for selection. The petitioners were allowed to appear in the TET 2011 in the month of July 2011 but large number of candidates were declared failed and, now, the State Government is going to make recruitment to fill up the vacancies of Teachers by which are vacant since 2006. Therefore, no case is made out for interference in the process of selection and as such this writ petition may be dismissed. Learned counsel appearing for the NCTE, Shri Kuldeep Mathur submits that after issuing notification prescribing ghe qualifications and Guidelines for conducting the TET the State Government/appropriate Government is under obligation to follow the Guidelines formulated by the NCTE in its strict sense and if those Guidelines are not followed, then, the action of the State Government cannot be treated to be justified and legal. After hearing learned counsel for the parties, it is abundantly clear from the facts of the case that after amendment made in the Rajasthan Panchayat Raj Act 1994 and 10 Rajasthan Pachayat Raj Rules, 1996, the qualification prescribed is in existence for recruitment on the posts of Teacher Grade- III. The existing qualification for the said post is based upon the notification dated 23.08.2010 and notification dated 29.07.2011 issued by the NCTE. Both the notifications are as follows : “NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION New Delhi, the 23rd August, 2010 F.No.61-3/20/2010/NCTE/(N&S).-In exercise of the powers conferred by Sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification :- 1. Minimum Qualifications.- (i) Classes I-V (a) Senior Secondary (or its equivalent) with at least 50% marks and 2 – year Diploma in Elementary Education (by 11 whatever name known) OR Senior Secondary (or its equivalent) with at least 45% marks and 2 – year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002 OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 2 – year Diploma in Education (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. (ii) Classes VI-VIII (a) B.A./B.Sc and 2 – year Diploma in Elementary Education (by whatever name known) OR B.A./B.Sc. with at least 50% marks and 1 – year Bachelor in Education (B.Ed) OR B.A./B.Sc. with at least 45% marks and 1 – year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition 12 Norms and Procedure) Regulations issued from time to time in this regard OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed or B.A. Ed./BSc.Ed. OR B.A./B.Sc. with at least 50% marks and 1 – year B.Ed. (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. 2 Diploma/Degree Course in Teacher Education.-For the purposes of this Notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered. 3. Training to be undergone.- A person – (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1st 13 January, 2012, provided he undergoes, after appointment, an NCTE recognized 6-month special programme in Elementary Education. (b) with D.Ed. (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-month special programme in Elementary Education. 4 Teacher appointed before the date of this Notification.-The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above: (a) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher of class I to V possessing B.Ed qualification, or a teacher possessing B.Ed (Special Education) or D.Ed (Special Education) qualification shall undergo an NCTE recognized 6 – month special programme on elementary education. (b) A teacher of class I to V with B.Ed qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE; 14 (C) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. 5 Teacher appointed after the date of this Notification in certain cases.-Where an appropriate Government, or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time.” “NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION New Delhi, the 29th July, 2011 F.No.61-1/2011/NCTE/N&S).-In exercise of the powers conferred by sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following amendments to the Notification No.215 dated 25th August, 2010 published in the Gazette of India, Extraordinary, Part-III, Section-4, vide F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010, laying down the minimum qualifications for a person to be 15 eligible for appointment as a teacher (hereby referred to as the Principal Notification), namely :- (I) For sub-para (i) of para 1 of the Principal Notification, the following shall be substituted, namely:- 1. Minimum Qualifications:- (i) Classes I-V (a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known) OR Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations, 2002. OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education) OR Graduation and two year Diploma in Elementary Education (by whatever name known) AND (b) pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines 16 framed by the NCTE for the pourpose. (II) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :- 1 (ii) Classes VI – VIII (a) Graduation and 2-year Diploma in Elementary Education (by whatever name known) OR Graduation with at 50% marks and 1-year Bachelor ion Education (B.Ed.) OR Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard. OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed. OR Graduation with at least 50% marks and 1-year B.Ed. (Special Education) AND (b) Pass in Teacher Eligibility Test (TET), to be conducted by the 17 appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. (III) For para 3 of the Principal Notification the following shall be substituted, namely:- (i) Training to be undergone:-A person – (a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment to Class I to V up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education; (b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education. (ii) Reservation Policy : Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as ST/ST/OBC/PH. (IV) For para 5 of the Principal Notification, the following shall be substituted, namely:- 5.(a) Teacher appointed after the date of this notification in certain cases:-Where an appropriate Government or local 18 authority or a shool has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time). (b)The minimum qualification norms referred to in this Notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers.” It is admitted position of the case that TET is required to be conducted by the States as per the Guidelines which are statutory in force in view of the aforesaid notification of amendment. Vide communication dated 11.02.2011 the NCTE circulated the Guidelines to all the States for conducted the TET examination. In the said Guidelines, following eligibility was prescribed : 19 “Eligibility 5. The following persons shall be eligible for appearing in the TET : i. A person who has acquired the academic and professional qualifications specified in the NCTE Notification dated 23rd August 2010. ii. A person who is pursuing any of the teacher education courses (recognized by the NCTE or the RCI, as the case may be) specified in the NCTE Notification dated 23rd August 2010. iii. The eligibility condition for appearing in TET may be relaxed in respect of a State/UT which has been granted relaxation under sub-section (2) of section 23 of the RTE Act. The relaxation will be specified in the Notification issued by the Central Government under that sub-section.” In para 11 of the Guidelines, the frequency of conduct of the TET and validity period of the TET certificate is given as follows : “11. The appropriate Government should conduct a TET at least once every year. The Validity Period of TET qualifying certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all categories. But there will be no restriction on the number of attempts a person can take for acquiring a TET Certificate. A person who has qualified TET may also appear again for improving his/her score.” The aforesaid para 11 clearly speaks that a duty is cast upon the appropriate Government while using the word “should” to 20 conduct the TET once every year so as to provide opportunity to acquire eligibility of TET by the candidates academic and training qualification. Admittedly, since the year 2006 up to 2012, no appointments are made on the posts of Teacher Grade-III. Even after conducting TET in the month of July 2011 till 31.12.2011, no recruitment process was initiated; meaning thereby, the State Government provided opportunity to the aspirant candidates for acquiring TET eligibility only once whereas under the statutory Guidelines TET is envisaged to be conducted every year, therefore, after amendment in the year 2009 hardship is caused to the candidates who are waiting since 2006 and those candidates who have acquired qualification in the year 2011 are even eligible for vacancies of the earlier years after passing TET. The State Government has authorized all the Zila Parishads of the State to initiate the process of selection and all the Zila Parishads have issued advertisement dated 24.02.2012 and, now, examination is likely to be held within short time. In my opinion, the Guidelines are mandatory in nature because it is expressly provided that once every year TET examination should be conducted. Here, in the State of Rajasthan, no recruitment took place since the year 2006 till date and, all the existing vacancies are clubbed and it resulted into accumulation of more than 40000 existing vacancies, for which, the State Government 21 is going to make recruitment while granting opportunity to only those candidates who were declared in the TET 2011 examination conducted by the Board in July 2011; meaning thereby, the scope of selection has become so narrow because not more than 2,75,000 candidates were declared successful in the TET 2011 examination out of more than 700000 candidates appearing in the test. Therefore, even if it is presumed that candidates who were declared successful in the TET 2011 examination will be allowed to appear in the process of selection for 40000 posts the scope of competition shall become so narrow that in the written examination as against one vacancy only five or six candidates shall be available and large number of candidates will be deprived from getting any opportunity to compete in the selection process although they are possessing the essential academic and training qualification but they have not yet been able to get the eligibility of TET certificate because till today TET examination has only once been conducted in the year 2011. It appears that the State Government after amending the rules in the month of May 2011 has taken the decision to make recruitment in very haphazard manner and it resulted into denial of appointment to lakhs of candidates, therefore, the action of the State Government is required to be checked by the NCTE because as per Articles 14, 16 and 21 of the Constitution of India right of consideration cannot be curtailed due to inaction and lethargic attitude on the part of the State Government. As 22 per the Act of 2009, now, the NCTE is controlling and governing body to maintain educational standards. The future of tiny tots as well as candidates who possess academic qualification and training is in the hands of the NCTE and it is the body who is under obligation to check the State Government for not violating the Guidelines. It appears from the facts that the State Government has not apprised the NCTE the fact of availability of more than 40000 vacancies and fact that since 2006 no recruitment has taken place; and, now, they are going to recruit Teachers Grade-III from amongst only those candidates who were declared successful in TET – 2011. It appears from the facts that for the vacancies occurred since 2006 to 2012, the State Government has initiated the process of selection only for those candidates who were declared successful in 2011 TET examination only; meaning thereby, this selection process is only for the candidates who were declared qualified in TET 2011 and this happening is occasioned for the reason that the State Government announced the vacancies in the month of February 2012 whereas before that TET – 2012 ought to have been conducted to enlarge the scope of selection and to provide the chance of acquiring eligibility of TET to the candidates who are waiting since 2006. Learned counsel for the petitioners invited my attention towards notes incorporated in the marks-sheet-cum-certificates 23 of TET issued to the successful candidates. I have perused the marks-sheet & certificate (Annex.-8) filed along with affidavit of a candidate Ram Kishan Choudhary bearing Roll No.5801815, issued by the Board of Secondary Education, Rajasthan, Ajmer. It is very strange that in the marks-sheet & certificate the following notes are incorporated by the Board : “Note. 1. This certificate has been issued by the Board on the basis of the affidavit and information furnished by the candidate that he/she possesses the minimum educational and professional qualifications prescribed by National Council for Teacher Education under the provisions of the Right of Children to Free and Compulsory Education Act, 2009. The documents in support of the educational and professional qualifications of the candidate have not been verified by the VBoard before issuing this certificate. Before giving appointment to the candidate, the appointing authority should verify these documents to ascertain his/her eligibility. 2. The Board has not verified the documents of the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, Physically Handicapped, Divorced & Widowed Women and women candidates. Therefore, before giving appointment to the candidate against the posts reserved for these categories, the appointing authority should verify the documents in support of the claim of the candidate and satisfy itself in this regard. 3. Those candidates who have been admitted to the RTET on the basis that they are pursuing any teacher education course as per the NCTE norms and standards will be eligible for appearing at the recruitment examination only after they have successfully completed the teacher education course and have been awarded the certificate of completion. 24 4. Qualifying the RTET will not confer any right on any person for recruitment/employment as it is only one of the eligibility criteria for appointment as teacher in elementary schools. 5. The recruitment agency shall give weightage to the RTET scores in the recruitment process in accordance with the relevant provisions in the recruitment rules.” Aforesaid Note No.1 clearly speaks that in the examination conducted by the Board of Secondary Education, Ajmer in the year 2011 the Board allowed all the candidates to appear in the Rajasthan TET 2011 on the basis of affidavit and information furnished by the candidate that he possesses the minimum qualification prescribed by the NCTE under the provisions of Right of Children to Free and Compulsory Education Act, 2009 and, further, it is observed that the documents in support of educational and professional qualifications of the candidate have not been verified by the Board before issuing this certificate. Before giving appointment to the candidate, the appointing authority should verify these documents to ascertain his/her eligibility. Further, those candidates who have been admitted to the RTET 2011 on the basis that they are pursuing any teacher education course as per the NCTE norms and standards can be eligible for appearing at the recruitment examination only after they have successfully completed the teacher education course and have been awarded the certificate of completion; meaning thereby, as per the NCTE norms the candidates were allowed to 25 appear in the TET examination who were pursuing Teachers Education course but, as per the Guidelines, it is nowhere provided that after allowing them their result of TET can be declared prior to completing the Teachers Education course. But, as per Note 3, the respondent Board declared the result of the TET 2011 in relation to such candidates without waiting for declaration of their result of the Teachers Education course and granted the eligibility of TET before acquiring the eligibility qualification for appearing in the TET examination and this fact itself speaks that the Board of Secondary Education, Rajasthan, Ajmer has completely violated the Guidelines also for granting eligibility of TET with clarification in Note 3 of the certificate. Therefore, obviously the Board has completely flouted the Guidelines of NCTE in conducting TET – 2011. It is very strange that the Board while allowing the candidates to appear in the TET 2011 did not verify the eligibility and issued the certificate which is contrary to para 14 of the Guidelines which runs as under : “Award of TET Certificate 14. The appropriate Government conducting the Test shall award a TET Certificate to all successful candidates. The certificate should contain the name and address of the candidate, date of birth, Registration No. year/month of award of Certificate, marks obtained in each Paper, class level of its validity (Class I to V, class VI to VIII or both), and, in case of classes VI to VIII, the subject are (Science and Mathematics, Social Studies, etc.). The certificate may be electronically generated with adequate security features. Appropriate may consider utilizing the services of specialized 26 agencies for issuing de-materialized (demat) TET certificates as a security feature to avoid any kind of malpractice.” In view of the above, it appears that the conduct of the Board of Secondary Education, Ajmer for conducting the Rajasthan TET 2011 examination is in contravention of para 14 which is also required to be checked by the NCTE because, after promulgation of the Act of 2009 and issuing notifications by the NCTE and Guidelines, no authority can be allowed to violate the provisions of the Act as well as Guidelines issued by the NCTE under the Act of 2009. Therefore, in my opinion, all these facts are required to be examined by the NCTE because the above facts are not in the knowledge of the NCTE which is the controlling authority of the education system of the country and education of children under the Right of Children to Free & Compulsory Education Act, 2009. Therefore, all above writ petitions are disposed of with the direction to the NCTE to examine the action of the State of Rajasthan on the following issues and take final decision whether the State Government has rightly followed the notifications issued under the Act of 2009 and Guidelines issued by the NCTE for conducting TET and right in conducting selection process for appointment on 40000 posts of Teacher Grade-III without conducting TET examination during the calendar year 2012 : (a) Whether it is not mandatory for the State 27 Government to conduct TET examination every year and, thereafter to proceed for making recruitment ? (b) Whether without conducting TET 2012 examination the State Government is right in conducting the selection process for recruitment on 40000 posts of Teacher which remained unfilled since 2006 while granting opportunity only to the candidates who cleared the TET 2011 examination and, thereafter, to hold TET 2012 examination ? (c) Whether the vacancies arisen and not duly filled in since 2006 to 2012 can be filled in by conducting only one TET examination ? (d) Whether the Board of Secondary Education, Rajasthan, Ajmer was right in holding TET 2011 examination without assessing the eligibility of the candidates and examining their documents to enable them to appear in the TET examination, so also, in incorporating notes No.1 to 5 in addition to the facts narrated in para 14 of the Guidelines which is in violation of para 14 of the Guidelines ? (e) Whether the State Government is justified in making recruitment for filling up 40000 posts of Teacher Grade-III in the year 2012 on the basis of certificate issued by the Board in contravention of Para 14 of the Guidelines ? (f) Whether it is not necessary for the State 28 Government to afford at least 3 opportunities for appearing at the TET examination before making recruitment for the reason that State Government is going to fill in vacancies arisen in between 2006 to 2012 for 6 years because as per the Guidelines TET examination is required to be conducted minimum once every year so as to grant opportunity to larger number of candidates to get opportunity for recruitment ? The NCTE is hereby directed to take final decision within a period of 15 days from today or before examination because although thousands of posts remained unfilled since 2006 but, now, the State Government is in a hurry to make recruitment on the 40000 posts of Teacher Grade-III so as to grant opportunity to the candidates who qualified the TET – 2011 only without conducting TET 2012 examination. Copy of this order be given to the counsel for the NCTE today itself. (Gopal Krishan Vyas) Judge