Dilip Gupta, J. - (1.) THE relief claimed in these petitions is to include Sanskrit language in Language II alongwith English and Urdu in the U.P. Teachers Eligibility Test (here in after referred to as the TET) conducted by the Board of High School and intermediate Education, Uttar Pradesh, Allahabad (here in after referred to as the 'Intermediate Education Board') and to permit the petitioners to opt for Sanskrit language in Language II.
(2.) IT is stated that in exercise of the powers conferred by Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (here in after referred to as the 'Act') and in pursuance of the Notification dated 31st March, 2010 issued by the Government of India, the National Council for Teacher Education (hereinafter referred to as the "NCTE') issued the Notification dated 23rd August, 2010 laying down the minimum qualifications for a person to be eligible for appointment-teacher in Classes I to VIII in a School referred to in Section 2(n) of the Act, which amongst others, provides that the person should pass the TET to. be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. The NCTE framed Guidelines for conducting the TET and the Intermediate Education Board also issued Information Brochure and the Application Form regarding the holding of the UP-TET. Amongst other, it provides for structure and content of TET namely that all the questions will be Multiple Choice Questions each carrying one mark, with four alternatives out of which one answer will be correct and that there will be no negative marking. IT further provides that there will be two papers of the TET. Paper I will be for a person who intends to be a teacher for classes I to V, while Paper II will be for a person who intends to be a teacher for classes VI to VIII. For Paper I, there will be 150 Multiple Choice Questions in Child Development and Pedagogy, Language-I, Language-ll, Mathematics and Environmental Studies with each of them having 30 Multiple Choice Questions of 30 marks each. For Paper-ll, there will be 150 Multiple Choice Question in the subjects provided. In both Paper I and Paper II, the Language II questions will be from amongst the prescribed options other than Language I and a candidate can choose any one language from the available language options. Thus, 30 questions in Language II will be relating to the language opted by the candidates. The Intermediate Education Board, which has been authorised by the State Government to hold such a test, issued advertisement dated 22nd September, 2011 inviting applications from the eligible candidates for appearing in the UP-TET and the Information Brochure and the Application Form issued by the Intermediate Education Board gives two language options for Language II namely English or Urdu for both Paper I and Paper II. It is the contention of learned counsel for the petitioners that Sanskrit language should also have been provided as an option for Language II in both Paper I and II. It is pointed out that some of the other Boards, which have been directed to hold the TET, have included Sanskrit language as option for Language II but the Intermediate Education Board has not included it as a result of which the petitioners have been put to disadvantage. Sri K.S. Kushwaha, learned Standing Counsel appearing for the State and the Intermediate Education Board has, however, submitted that Language II, either in Paper I or in Paper II, is of 30 marks and contains 30 Multiple Choice Questions and a candidate has to chose any one language from the available language options and specify it in the application form. The Information Brochure and the Application Form clearly gave option for either English or Urdu and the petitioners should have opted for one of the two languages. It is his submission that it is for the Intermediate Education Board to decide as to which languages should be provided as optional language for Language II and the petitioners cannot insist that Sanskrit language should also be included as an optional language.
(3.) I have considered the submissions advanced by the learned counsel for the parties. In order to appreciate contentions advanced by learned counsel for the parties, it will be necessary to refer to the provisions of the Act, the relevant Notifications and the Guidelines framed by the NCTTE.;