- (1.) Heard counsel for the parties.
(2.) Petitioners have filed present writ petitions with a prayer to strike down the eligibility condition of passing the Rajasthan Teacher Eligibility Test(hereinafter referred to as the RTET ) to the extent of post of Special Teacher. It has further been prayed that the minimum qualification prescribed in the notifications dated 23.08.2010 and 29.07.2011 issued by the National Council for Teacher Education(hereinafter referred to as the NCTE ) may be declared ultra vires to the extent of post of Special Teacher. Prayer has also been made to direct the respondents to provide relaxation from qualification of passing of RTET for the post of Special Teacher. Prayer has also been made to declare the amendment made in the Rule 266(3)(b) of the Rajasthan Panchayat Raj Rules, 1996(hereinafter referred to as the Rules of 1996 ) ultra vires.
(3.) The petitioners have passed either Diploma Special Course or B.Ed. Special Course. Some of the courses have been recognized by the Rehabilitation Council of India(hereinafter referred to as ' the RCI') and some of the courses are not recognized by RCI as requisite qualification. Precise submission of counsel appearing on behalf of the petitioners is that once RCI, under the provisions of The Rehabilitation Council of India Act, 1992(hereinafter referred to as 'the Act of 1992'), has prescribed the requisite qualifications for the post of Primary Teachers and Special Teachers, it was not open to the NCTE to put rider of qualification of passing RTET in exercise of powers conferred upon it under Section 23(1) of The Right of Children to Free and Compulsory Education Act, 2009(hereinafter referred to as 'the Act of 2009'). Similar amendment has also been made in the Rules of 1996, prescribing the NCTE qualifications, which provide for passing of the Teachers Eligibility Test in addition to the qualifications to be possessed by the candidates. The NCTE, vide its Notification dated 23.08.2010, has recognized certain courses for the purpose of eligibility/minimum qualifications for Class I to V and Class VI to VIII. The Diploma Course in Teacher Education, recognized by the RCI, shall also be considered as minimum qualification as provided in the notification issued on 23.08.2010 by NCTE under the provisions of the Act of 2009.;