R.BANUMATHI J. - (1.) Leave granted.
(2.) The present batch of appeals raise identical questions of law and fact concerning appointment of Secondary Grade Teachers and B.T. Assistants in the State of Tamil Nadu as per the Guidelines prescribed by National Council for Teacher Education (hereinafter referred to as the NCTE) in this regard. These appeals impugn the conflicting judgments passed by both Madras and Madurai Bench of the High Court of Madras in W.A. No. 1031/2014 and Others. dated 22.09.2014; and W.P. No. 4558/2014 dated 25.09.2014 respectively. The dispute revolves around the relaxation of 5% marks to the reserved category candidates in the State Teachers Eligibility Test (hereinafter referred to as the TET) approved by the State Government, which is allegedly in contravention of the norms to that effect embodied in the notification dated 23.08.2010 issued by the NCTE.
(3.) Pursuant to the mandate of Right of Children to Free and Compulsory Education Act, 2009 ("the RTE Act"), the NCTE laid down minimum qualifications for a person to be eligible for appointment as a Teacher through a Notification dated 11.02.2011. As per the said Notification: "...to be eligible for appointment as a teacher if any of the schools referred to in clause (n) of section 2 of the RTE Act is that he/she should pass the teacher eligibility test (TET) which will be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE". NCTE Guidelines prescribed 60% marks to be declared as pass in TET. The said Guidelines enabled the State Government to grant concession to persons belonging to Scheduled Castes/Scheduled Tribes, other Backward Classes, differently-abled persons etc.;