- (1.) ON the mention being made, the matter has been permitted to be placed on Board today.
(2.) THE Petitioners in this writ petition seek to question the eligibility criteria as laid down by the National Council for Teacher Education ( 'the National Council ' hereafter) in exercise of powers under Sub -Section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 ( 'the Act of 2009 ' hereafter) in a notification issued on 23.08.2010 and published in the Gazette on 25.08.2010 (Annex. 4); and have prayed for the following reliefs: A/ By an appropriate writ order or direction, the Gazette notification dated 23.8.2010 (Annex. 4) may kindly be quashed and set aside. To the extent that it debars the holder of qualification of graduation in Commerce as ineligible for TET. B/ By an appropriate writ, order or direction, the Respondents may kindly be directed to consider the Petitioners eligible for TET with B.Com. as graduation subject in combination with B.Ed. C/ By an appropriate writ, order or direction, the guidelines/advertisement dated 30.3.2011 (Annex.5) for RTET 2011 may kindly be quashed and set aside to the extent that it disqualifies the Petitioners on account of B.Com. With B.Ed. D/ Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. E/ Writ petition filed by the Petitioner may kindly be allowed with costs. This writ petition was initially filed as a "SB Civil Writ Petition" and was placed before the learned Single Judge of this Court for admission. However, the learned Single Judge, while taking up this writ petition on 11.04.2011, formed an opinion that the National Council was exercising legislative function of prescribing the qualification as per Section 23 of the Act of 2009; and construed the impugned notification as an order of legislative nature. The Hon'ble Single Judge, thus, was of opinion that the matter was required to be placed before a Division Bench in terms of the order issued by Hon'ble the Chief Justice on 28.02.2011 read with the order dated 18.03.2011. The learned Single Judge observed and ordered as under: As per Chief Justice's order dated 28.2.2011 read with order dated 18.3.2011 the cases challenging the vires of any act or statute or any order of legislative nature or rule or regulation made under any act or statute shall be heard by Division Bench. In this petition for writ, a challenge is given to Notification issued as per the provisions of Sub -rule (1) of Rule 23 of the Right Of Children to Free and Compulsory Education Act, 2009 prescribing minimum qualifications for facing Teachers Eligibility Test. As per Section 23 of the Act of 2009, any person possessing such minimum qualification as laid down by the academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a Teacher. In the instant case, such academic authority is the National Council for Teachers Education. The National Council as a matter of fact is exercising legislative function of prescribing the qualification as per Section 23. Thus, the Notification dated 25.8.2010 is an order of legislature nature, therefore, its validity can only be examined by Division Bench. Let this writ petition be listed for before Division Bench. Learned Counsel for the Petitioner is directed to satisfy all the necessary requirements to place the record of case before Division Bench during the course of the day.
(3.) THE said order dated 28.02.2011 whereby certain matters have been directed to be placed before the Division Bench reads as under: It is hereby ordered that the cases challenging the vires of any act or statute or any order or rule or regulation made under any act or statute shall be heard by Division Bench. This order will be applicable at the principal Seat of Judicature for Rajasthan at Jodhpur and Bench Jaipur.;