- (1.) The petitioner completed his graduation from Rohilkhand University, Bareilly with 44.83% marks. The petitioner also has a BEd which he obtained in 2011 from Indira Gandhi National Open University. He appeared in the UPTET Examination in 2011 in which he obtained 116 out of 150 marks. The petitioner applied for the post of Assistant Teacher in pursuance of an advertisement dated 30 November 2011. On 6 February 2015, the petitioner was given an order of appointment by the Basic Education Officer, Pilibhit. On 23 June 2015, a notice to show cause was issued to the petitioner by the fourth respondent. The principal ground on which the notice to show cause was issued was that the petitioner failed to fulfil the norms prescribed by the National Council for Teacher Education (NCTE) in a notification dated 23 August 2010 issued under Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) inasmuch as he had not completed his BA/BSc with at least 45% marks in terms of NCTE's notification dated 29 July 2011. The petitioner submitted a reply to the notice to show cause on 29 June 2015. An order was passed on 30 June 2015 cancelling the appointment of the petitioner. That has given rise to the filing of a writ petition. By the writ proceedings, the petitioner seeks to challenge the constitutional validity of the requirement imposed by NCTE in Para 3 of its notification dated 23 August 2010 (as amended on 29 July 2011) under which a minimum of 45% marks in graduation is required. The prescription of this percentage is urged to be violative of Article 14 of the Constitution. The principal basis for this submission is founded on a judgment of a learned Single Judge of the Uttarakhand High Court dated 20 August 2011 in Baldev Singh vs. State of Uttarakhand Writ Petition No. 772(SS) of 2011.
(2.) Section 23(1) of the RTE Act provides as follows: "23. (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorized by the Central Government, by notification, shall be eligible for appointment as a teacher. (2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years. (3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be such as may prescribed."
(3.) On 31 March 2010, the Central Government notified NCTE as the academic authority which was authorized to prescribe the minimum qualifications for appointment as a teacher. Under the RTE Act, every child of the age of 6 to 14 years has been recognized to have a right to free and compulsory education in a neighbourhood school till the completion of elementary education. Elementary education has been defined in Section 2(f), to mean education from classes I to VII.;