- (1.) THIS is an application filed by the petitioners assailing a notification dated October 19, 2012 issued for appointment of Primary School Teachers in different Primary Schools throughout the State of West Bengal. According to petitioners, all of them fulfilled the qualification mentioned in Clause 2 of the impugned notification with two year diploma in elementary education from the recognised institution.
(2.) THE National Council for Teachers Education Act, 1993, (hereinafter referred to as the "said Act, 1993") has been enacted by the Parliament to provide for establishment of a National Council for Teachers Education with a view to achieve planed and co ordinated development of the teacher education system through out the country, the regulation and proper maintenance of norms and standards in teacher education system and for matters enacted therewith, section 12 of the said Act, 1993 empowers the National Council for Teachers Education (hereinafter referred to as the "NCTE") to take steps for the purpose of ensuring planed and coordinated development of teacher education and for determination and maintenance of standards for teacher education including laying down of guidelines in respect of minimum qualification for a person to be employed as a teacher in schools or in recognised institutions. The provisions of section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the said Act, 2009) relates to qualifications for appointment and terms of service of teachers. Sub-section (1) of section 23 of the said Act, 2009 prescribes that any person possessing such qualification, as laid down by academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.
(3.) THE NCTE published a notification in the Gazette of India on August 25, 2010 in exercise of power conferred on it under sub section (1) of section 23 of the said Act, 2009 prescribing minimum qualification for a person to be eligible for appointment as a teachers in Class I to VIII in a school referred to in clause (n) of section 2 of the said Act, 2009. The NCTE framed guidelines for conducting Teachers Eligibility Test (TET) under the said Act, 2009 by a Notification No.76 04/2010/NCTE/ACAD dated February 11,2011.;