- (1.) The brief facts of the case are as follows :- The petitioner submits that they have acquired sufficient academic qualifications as specified by the National Council for Teachers Education. The Respondents/State Government has been granted relaxation under Section 23(2) of RTE Act, 2009 and Rules framed thereunder. The said relaxation had been granted by the Second Respondent herein namely Human Resource Development Department dated 01.04.2015. As per the notification the candidates who secured atleast 50% marks in the 10+2 Examination, are eligible to appear in the Teachers' Eligibility Test for Classes I to V. The trained candidates who completed graduation are also permitted to appear in the Teachers' Eligibility Test. Actually the notification is not covered for the untrained graduate candidates, as such the Respondents / Primary Education Board has committed violation as per the Teachers' Eligibility Test guidelines dated 11.02.2011 issued by N.C.T.E.
(2.) The Petitioners additionally added that one of the conditions in the relaxation notification dated 01.04.2015 was that the state Government and other School Managements shall ensure that teachers who are appointed under the relaxed qualification norms shall acquire the minimum qualification as specified in the National Council for Teachers' Education notification within a period of 2 years from the year of appointment. The National Council for Teachers' Education Regulation 2014 provides the eligibility criteria for admitting in the D.El.Ed. Course, is requiring atleast 50% in 10+2 examination irrespective of any higher qualification. As such graduate candidates who secured less than 50% marks in 10+2 examination will not be permitted for admission in the said D.El.Ed. Course which is a violation of one of the conditions stated in the relaxation notification dated 01.04.2015 as well as the TET guidelines dated 11.02.2011 also. The petitioners further submit that the West Bengal Board of Primary Education by virtue of their advertisement notification dated 25.05.2015 assured the candidates that the Teachers Eligibility Test will be held strictly in accordance with the National Council for Teachers' Education guidelines dated 11.02.2011. As per the guidelines the TET for Classes- I to V shall be held for total aggregate marks of 150 in five subjects, each comprising of 30 marks. The questions from pedagogical understanding is an essential subject in the Teachers' Eligibility Test, but unfortunately no question has been prepared relating to the topics in Language-I, Language-II, Mathematics and in Environmental Studies subject, as such the Primary Education Board had committed a gross violation.
(3.) The petitioners further submit that the Respondents / Primary Education Board had set up questions from out of the usual syllabus, as such the respondents have violated the Teachers' Eligibility Test guidelines, therefore the notification dated 25.05.2015 is not valid. Hence the above writ petition has been filed challenging the Teachers' Eligibility Test which was held on 11.10.2015. The respondents/Primary Educational Board has filed a report as per the direction of this Court dated 15.09.2016 stating that in respect of the notification for Teachers' Eligibility Test on the basis of which the examination was held on 11.10.2015, The Primary Educational Board allowed all the eligible candidates for appearing in the Teachers' Eligibility Test. The said test was conducted as per the notification dated 01.04.2015 issued by the Human Resource Development Department and strictly as per TET guidelines issued by the NCTE dated 11.02.2011. Therefore, as per the relaxation conditions they have to maintain separate statistical report regarding trained candidates and untrained candidates. The Board after well scrutinising, the filled up application forms of trained candidates and untrained candidates were then permitted to appear for the examination. As per the relaxation conditions, the trained candidates have to succeed in the examination on the basis of marks and towards other viva voice and extracurricular activities criteria, under the circumstances the Board is unable to furnish a statistical report of trained and untrained candidates. The Respondents / Educational Board had not committed any violation in the mode of selection but the writ petitioners have filed the above writ petition on the basis of presumeability.;