Ajai Lamba, J. - (1.) THE petition seeks issuance of a writ in the nature of certiorari quashing impugned Notification dated 25.12.2013 placed on record as Annexure -1 to the extent "candidate must possess the D.Ed. or BTC or EL. Ed. from U.P. The petition also seeks issuance of a writ in the nature of mandamus directing the respondents to permit the petitioners to appear in U.P.T.E.T. -2014 considering their eligibility of having passed D.Ed. course from Madhyamik Education Division, Madhya Pradesh, Bhopal. The petition has been filed with the foundation that the petitioner Nos. 1 to 3 are B.A. pass and are studying in two years Diploma in Education course from Madhyamik Education Division, Madhya Pradesh, Bhopal, however, are permanent resident of Uttar Pradesh.
(2.) IT has been projected before this Court that Teacher Eligibility Test is required to be conducted. For the said purpose, N.C.T.E. issued guidelines under the Right of Children to Free and Compulsory Education Act, 2009. In brief, it has been projected that because the petitioners are pursuing their D.Ed. course in Madhya Pradesh, their application form is not being entertained. The reason given is that the petitioners should have passed D.Ed course from such institutes, which are recognized by State of U.P. as well as N.C.T.E. So as to establish the contention above -noted, Annexure -1 has been placed on record. Shri Satyanshu Ojha, learned counsel for the respondents, contends that source of Annexure -1 has not been shown in this petition. It has been pointed out that Annexure -1 is an incomplete document. It has also been pointed out that the petitioners are required to rely on the relevant Notification. In regard to issue raised in this petition, Government Order dated 17.4.2013 was issued. The said document has not been placed on record. Shri Ojha, Advocate, has further pointed out that for the purpose of taking TET test, one of the eligibility criteria is that one should have obtained D.Ed. degree from any Institute recognized by N.C.T.E. as well as Rehabilitation Council of India. Further eligibility requirement is that D.Ed. course concluded by a candidate should be of duration of two years along with graduation degree with minimum 50% marks (in case of general category) and relaxation of 5% in the marks of graduation will be provided to the candidates belonging to O.B.C., SC/ST, PH, dependents of Freedom Fighter and ex -army man (self category).
(3.) SHRI Ojha, Advocate, has argued that the petitioners have not brought on record any application made by them, which had been rejected by the respondents on the ground that the petitioner is pursuing his D.Ed. course from Madhya Pradesh. In absence of any such rejection, neither prayer for certiorari could be made nor a prayer for issuance of a writ in the nature of mandamus can be entertained.;