S. VINCENT Vs. STATE OF TAMIL NADU
LAWS(MAD)-2014-9-309
HIGH COURT OF MADRAS
Decided on September 25,2014

S. Vincent Appellant
VERSUS
STATE OF TAMIL NADU Respondents

JUDGEMENT

V. Ramasubramanian, J. - (1.) THE petitioner in W.P.(MD)No. 4558 of 2014, who is practising as an Advocate, has come up with the above writ petition, as a public interest litigation, challenging a particular clause in the Guidelines issued by the National Council for Teacher Education (NCTE) for conducting Teacher Eligibility Test and a Notification issued by the Government of Tamil Nadu, reducing the pass percentage marks in the Teacher Eligibility Test for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes, Most Backward Classes and persons with disability.
(2.) THE petitioner in W.P.(MD)No. 2677 of 2014 has come up with the said writ petition seeking to quash the order passed by the 1st respondent in G.O. Ms. No. 25, School Education (TRB) Department, dated 06.02.2014, insofar as it denies relaxation of 5% to the candidates who appeared in the Teacher Eligibility Test, conducted by the 2nd respondent in 2012 and consequently to direct the respondents to extend the benefit of 5% relaxation to the petitioner. We have heard Mr. K.K. Ramakrishnan, the petitioner in W.P.(MD)No. 4558 of 2014 appearing in person, Mr. V. Panneerselvam, learned counsel appearing for the petitioner in W.P.(MD)No. 2677 of 2014, Mr. V.R. Shanmuganathan, learned Special Government Pleader, appearing for the State Government as well as the Teachers Recruitment Board and Mr. A. Sivaji, learned counsel appearing for the National Council for Teacher Education.
(3.) ARTICLE 45 of the Constitution, as it originally stood, mandated the State to endeavour to provide, within a period of 10 years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of 14 years. By Constitution (86th Amendment) Act, 2002, Article 45 was amended to read as follows: "The State shall endeavour to provide early childhood care and education for all children until they complete the age of fourteen years." By the very same amendment, Article 21A was inserted, making the right to elementary education as a fundamental right.;


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