- (1.) The writ petitioner complains that the authorities are proposing to conduct a Teacher Eligibility Test in 2015 in violation of the Notification bearing No. 285-SE (EE)/P/10M-6/-09(Pt) dated July 24, 2012. It is submitted on behalf of the writ petitioner that by a Memo No. 686/BPE/2015 dated May 26, 2015 the notification for Teacher Eligibility Test for classes 1 to 5 to be conducted by the West Bengal Board of Primary Education is contrary to the Notification dated July 24, 2012 of the State Government. The Notification dated July 24, 2012 prescribes examination for five subjects with 20 marks and 20 questions each for each of the subject specified. In May 26, 2015 Notification an additional subject of Pedagogy has been included under the head of Child Development. The marks for the modified five subjects have been increased to 30 marks each. Learned Counsel for the writ petitioner submits that the State is acting beyond its Notification dated July 24, 2012 and as such it could not have issued the Memo dated May 26, 2015 to change the subject and the marks. The present Teacher Eligibility Test should be held in accordance with the subject and the marks prescribed by the Notification dated July 24, 2012.
(2.) Referring to Right of Children to Free and Compulsory Education Act, 2009 it is submitted that the Central Government can relax application of certain provisions of the Act for a limited period. The Central Government has allowed relaxation for a specific period which has since been extended. Therefore, it is imperative for the State Government to conduct the Teacher Eligibility Test within the extended time.
(3.) The respondent authorities are represented. Learned Additional Advocate General appearing for the State authorities has submitted that the Central guidelines forwarded by the National Council for Teachers Education under cover of a letter dated February 11, 2011 have been followed while issuing the Memo dated May 26, 2015. The Central guidelines have prescribed that there should be five papers and one of such papers should be Child Development and Pedagogy. Examination for each of the five papers should be of 30 marks each. The learned Additional Advocate General has submitted that the Ministry of Human Resource Development, Government of India has relaxed the training qualification till March 31, 2006 for the State of West Bengal. In view of such relaxation the West Bengal Board of Primary Education has taken steps for holding the Teacher Eligibility Test. The learned Additional Advocate General has referred to the Order dated April 17, 2015 passed by a learned Single Judge allowing such examination to be held and the Order dated June 23, 2015 passed in M.A.T. 904 of 2015. The Appeal Court had dismissed the appeal directed against the Order dated April 17, 2015 passed in W.P. No. 3863(W) of 2015. The Learned Additional Advocate General has also submitted that no right of the writ petitioner has been affected by the Memo dated May 26, 2015. In such circumstances it is submitted that the writ petition should be dismissed.;