- (1.) This writ application is directed against the Notification No. F. No.61- 03/20/2010/NCTE/(N&S) dated August 23, 2010 (published in Official Gazette on August 25, 2010) issued by the National Council for Teacher Education and Notification No. S.O.1352(E) dated June 1, 2011 issued by the Government of India, Ministry of Human Resource Development (Department of School Education and Literacy). The petitioner No.1 is an Association registered under the West Bengal Society Registration Act possessing Certificate of Registration of Societies No.S/1L/80824 of 2011- 2012 issued by the Registrar of Firms, Societies & Non-Trading Corporations, West Bengal. Petitioner Nos. 2 to 10 are office bearers of the petitioner No.1 and according to them, all of them possess Master degree and/or Bachelor degree from recognised universities as well as degree of Bachelor of Education or its equivalent.
(2.) The Notification No. F. No.61-03/20/2010/NCTE/(N&S) dated August 23, 2010 (published in Official Gazette on August 25, 2010) (hereinafter referred to as the impugned Notification dated August 23, 2010) was issued by the National Council for Teacher Education in exercise of the powers conferred by Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 and in pursuance of Notification No.S.O.750 (E) dated March 31, 2010 issued by the Government of India, Ministry of Human Resource Development (Department of School Education and Literacy), for the purpose of laying down the minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009.
(3.) The Notification No.S.O.1352(E) dated June 1, 2011 (hereinafter referred to as the impugned Notification dated June 1, 2011) was issued by the Government of India, Ministry of Human Resource Development, (Department of School Education and Literacy), in exercise of the powers conferred by Sub-section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 granting relaxation to the State of West Bengal in respect of the minimum teacher qualification norms notified by the National Council for Teacher Education under the impugned Notification dated August 23, 2010 issued by the NCTE, in so far as they relate to classes I-VIII.;