- (1.) These writ petitions pertain to selection to the post of Teacher Grade-III Level-I & II. Three issues have been raised by the petitioners in these writ petitions, which are formulated as under:-- (i) Whether a candidate belonging to the reserve category is eligible for the appointment to the post of Teacher Grade-III, if he is not possessing 60% marks in RTET as per qualification prescribed by the NCTE. The relaxation of 5% marks is given to the reserve category thereafter vide notification dated 29.7.2011, therefore, a candidate not possessing 55% marks in RTET is rendered eligible? (ii) Whether a candidate taken concession in qualifying marks of RTET can migrate from reserve category to open category? (iii) Whether the order of the State Government dated 23.3.2011 can operate contrary to notification dated 29.7.2011?
(2.) Aforesaid issues are required to be examined in the light of the following facts, which are summarized in brief:- After making elementary education as a fundamental right, the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act of 2009') was enacted. The aforesaid Act of 2009 provide standards and norms for free education at the elementary level. Section 23 of the Act of 2009 gives authority to the Central Government to notify academic authority to provide minimum qualification for appointment as a teacher. The National Council for Teacher Education (for short 'the NCTE') was notified as academic authority, which issued notification on 23-8-2010 to provide minimum qualification for appointment to the post of Teacher Grade-III, Level-I & II wherein Teachers Eligibility Test Certificate (in short 'the TET') is one of the qualification. Subsequent to the aforesaid, guidelines were issued on 11.2.2011 for TET. A notification dated 29.7.2011 was, therefore, issued to substitute certain provisions in the principal notification dated 23.8.2010.
(3.) It is stated that minimum passing marks for TET is 60% as per guidelines dated 11.2.2011. The State Government accordingly held TET, but candidates securing even less than 60% marks were also declared pass to make them eligible for appointment to the post of Teacher Grade-III, Level-I & II. It was by giving relaxation up to 20% marks in Rajasthan TET by the State Government vide their order dated 23.3.2011. The State Government had no authority to lower down standard of TET by providing concession or relaxation in passing marks to reserve category and even if such authority was given, it should have been as per the existing reservation policy and not to formulate a new policy. The State Government, however, formulated new policy on 23.3.2011 wherein concession in qualifying marks in RTET was given to reserve category up to 20% marks. It was beyond the competence of the State Government as minimum qualification was to be provided under the Act of 2009 for which only Central Government is authorized to nominate academic authority. It was pursuant to Section 23 of the Act of 2009, NCTE was nominated as an academic authority to provide minimum qualification for appointment to the post of Teacher Grade-III. The NCTE is not having authority to further delegate powers to relax qualification for appointment to the post of Teacher. If NCTE has further delegated authority on the State Government, then it is in violation of Section 23 of the Act of 2009.;