- (1.) BY this writ petition the petitioner has prayed for that the impugned guide lines with regard to minimum cut of marks may be modified and the candidates who applied under reserve quota of divorce lady the minimum cut of marks be prescribed as 33% ant that the respondents be directed to allow the petitioner to appear in the Rajasthan Teachers Eligibility Test-2011.
(2.) THE facts relevant for deciding the case in brief are that the petitioner who is a divorce has passed her Senior Secondary School Examination in 2008 from the National Open School, Government of India and secured 39.5% marks. She got admission in BSTC Course-2009 under the divorcee quota and presently, is student of IInd Year BSTC Course in Gaindi Devi Shikshan Sansthan, Jamvaramgarh, Jaipur. Submission of the counsel for the petitioner is that the case of the petitioner is also covered by the order of the Division Bench of this Court in the case of Sushil Sompura & Ors. vs. State (Education )& Ors. (D.B. Civil Writ Petition No.3964/2011 and other connected matters) decided on 20th May, 2011 which has subsequently been followed in the case of case of Jitendra Kumar Sharma vs. Union of India & Ors. (D.B. Civil Writ Petition No.7959/2011, decided on 7th July, 2011) has held that the minimum qualifying marks prescribed by the NCTE vide notifications dated 27.9.2007 and 31.8.2009 shall apply in cases of the incumbents who have obtained the respective qualifications during currency of the said qualification and the same will also apply in the in case, they have been admitted in the requisite course during the said period and the respondents shall not insisted on the qualification of having 45% or 50% marks. The relevant portion of the judgment of the Division Bench in the case of Sushil Sompura (supra) runs as under:- " The respondents shall not insist on the qualification of having 45% or 50% marks, as the case may be, in the bachelor's degree or master's degree etc. or any other equivalent qualification, in case incumbents have obtained admission in the requisite courses such as B.A., B. Com. , B. Sc., B. Ed., B. El. Ed, Senior Secondary etc. prior to prescription of the minimum qualifying marks by NCTE vide notifications dated 27.9.2007 and 31.8.2009. It is made clear that the incumbents, who have obtained the B.Ed. etc. before the minimum qualifications were prescribed vide notifications dated 27.9.2007 and 31.8.2009, shall be allowed to appear in the TET Examination." Counsel appearing for the NCTE submits that the case of the petitioner is not covered by the directions issued by the Division Bench of this Court in the case of Sushil Sompura (supra) as by the order dated 20th May, 2011 the Division Bench has allowed the incumbents to appear in the TET examination who have have obtained admission in the requisite courses such as B.A., B. Com. , B. Sc., B. Ed., B. El. Ed, Senior Secondary etc. prior to prescription of the minimum qualifying marks by NCTE vide notifications dated 27.9.2007 and 31.8.2009. The Division Bench has also made it clear that the incumbents, who have obtained the B.Ed. etc. before the minimum qualifications were prescribed vide notifications dated 27.9.2007 and 31.8.2009. I have gone through the record of the writ petition and further considered the rival submissions of the counsel for the parties. It is pertinent to mention here that prior to 27.9.2007, NCTE has not prescribed qualifying marks in B.A., B.Com. B.Sc. or Senior Secondary etc. However, by way of the said Notification dated 27.9.2007, the eligibility criteria was prescribed to the effect that candidates with atleast 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, were eligible for admission to the programme of B.Ed. etc. The reservation for SC/ST/OBC and other categories were provided as per the Rules of the Central Government/State Government, whichever was applicable. Relaxation of 5% marks was provided in favour of SC/ST/OBC and other categories of candidates. The eligibility criteria laid down in the Notification dated 27.9.2007 is quoted below:- "3.2 Eligibility 3.2.1 Candidates with at least 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme. 3.2.2 The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable. There shall be relaxation of 5% marks in favour of SC/ST/OBC and other categories of candidates." The Division Bench while considering the issue of qualification as per the notifications of the NCTE dated 27.9.2007 and 31.8.2009 dealt with the issue in the following manner:- "It is apparent from the above that 50% marks were required either in Bachelor's Degree and/or Master Degree or any other qualification equivalent thereto with effect from 31.8.2009. Earlier 45% marks were required in Bachelor's Degree or Master Degree or any other qualification equivalent thereto w.e.f. 27.9.2007. The said criteria as stated by learned counsel appearing on behalf of the NCTE on being instructed by Regional Director, shall not be insisted in case admission has been taken by the incumbent in the requisite courses specified in para 1 of the notification dated 23.8.2010, prior to the aforesaid dates. It is apparent that incumbents having 45% marks either in the Bachelor's Degree or in the Master's degree or any other qualification equivalent thereto, were eligible for admission with effect from 27.9.2007 and 50% marks with effect from 31.8.2009. The said criteria shall not be applicable to an incumbent who has obtained admission earlier in the requisite courses prior to aforesaid dates."
(3.) FROM the facts of the instant case it is clear that the petitioner passed her Senior Secondary School Examination in 2008 from the National Open School securing 39.5% marks. Therefore, the case of the petitioner is covered by the notification dated 27.9.2007 according to which 45% minimum qualifying marks were required for admission in the Teacher's Training Course. Even if she is entitled for the relaxation of 5% marks under the clause of 'other category of candidates' as per eligibility point 3.2.2, for getting admission in BSTC, 40% marks in the Senior Secondary School Examination were required but the petitioner secured only 39.5% marks in her Senior Secondary School Examination, therefore, she does not fulfill the requirement of the notification dated 27.9.2007 and thus, she is not entitled to appear in the TET examination. In view of the above, the writ petition is, dismissed.;