- (1.) IN all the above writ petitions common facts and question of law is involved, therefore, these writ petitions are decided by this common order. For the sake of convenience, the facts in S.B. Civil Writ Petition No.1888/2012, Devi Singh & Others Vs. State of Rajasthan & Others are taken into consideration for discussion.
(2.) THE petitioners are possessing qualification of graduation with training course of B.Ed. and they are waiting for appearing in the competitive test for recruitment on the posts of Teacher (Grade-III) since 2006. Now, in the year 2012, advertisements have been issued by the different Zila Parishads of all the districts in the State whereby applications have been invited for appointment on the posts of Teacher Grade-III. THE main prayer is that the respondents may be directed to allow the petitioners to participate in the present selection process of Teacher Grade-III subject to their performance in the RTET- 2012 and, in the alternative, the respondents may be directed to conduct RTET-2012 prior to the recruitment of Teachers Grade- III in the year 2012 under the advertisements dated 24.02.2012 issued by the various Zila Parishads of all the districts of the State. It is also prayed that the advertisements of Teacher Grade-III issued by the respondents may be quashed and set aside or may be stayed till conducting RTET-2012; and, any other relief which may be deemed fit by this Court may be granted. The main contention of the petitioners is that since 2006 no recruitment is made by the State, however, in the year 2009 the qualification for the post of Teacher Grade-III was changed under the Right of Children to Free and Compulsory Education Act, 2009. The National Council for Teachers Education was authorized to lay down the qualifications; and, as per qualification laid down by the National Council for Teachers' Education (in short, NCTE hereinafter) a candidate for recruitment on the post of Teacher Grade-III is required to possess TET qualification in addition to his academic and training qualification. The said eligibility is prescribed after amendment in the Rules by the State Government. Learned counsel for the petitioners submits that the Central Government enacted the Right of Children to Free & Compulsory Education Act, 2009 on 26.08.2009, in which, under Section 23, it is provided that any person possessing such minimum qualification as laid down by the Academic Authority authorized by the Central Government by notification shall be eligible for appointment as a Teacher. While exercising power under Section 23(1) the Central Government issued notification on 31.03.2010, by which, the Central Government authorized the NCTE as the Academic Authority to lay down the minimum qualification for a person to be eligible for appointment as Teacher. It is submitted by learned counsel for the petitioners that after authorization under Section 23(1) of the Act of 2009 vide notification dated 31.03.2010, the NCTE issued notification on 23.08.2010 whereby the qualification was prescribed in which, in addition to academic qualification and training, another qualification which is Teachers' Eligibility Test, is inserted and, in the notification, it is specifically provided that candidates should pass the Teachers' Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. After issuance of the aforesaid notification, another notification was issued whereby certain amendments were made in the qualification by the NCTE on 29.07.2011 but the eligibility of passing TET remained the same. As per the notification, TET is to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE, therefore, for the purpose of conducting the TET, the NCTE issued Guidelines (Annex.-P/2 filed in S.B. Civil Writ Petition No.4483/2012) and circulated the same to all the States vide communication dated 11.02.2011. In para 11 of the Guidelines, duty is cast upon the appropriate Government to conduct TET at least once every year and decided that validity of the period of TET qualifying certificate for appointment subject to maximum of 7 years for all categories. It is also provided that there will be no restriction on the number of attempts a person can take for acquiring the TET certificate.
(3.) THE main contention of the petitioners is that after issuance of the Guidelines on 11.02.2011 in the year 2011, the State Government authorized the Board of Secondary Education, Rajasthan, Ajmer to conduct the TET and said test was conducted by the Board on 31.07.2011 and result was declared in the month of August 2011. It is specifically submitted that due to inaction on the part of the State since 2006 to 2011 no appointments are made for the posts of Teacher Grade-III, therefore, all the posts occurred since 2006 remained unfilled. Now, the State Government through the Zila Parishads is going to make recruitment of 40000 posts of Teacher Grade-III and, for the same, advertisements have been issued on 24.02.2012 and to participate in the recruitment of 40000 posts only those candidates are eligible who qualified the TET 2011 examination and none else. Learned counsel for the petitioners submits that since 2006 no recruitment of Teacher Grade-III took place in the State of Rajasthan and, in the year 2009, when the Act of 2009 was enacted and different qualification is prescribed through the NCTE, then, the process of conducting TET was initiated in the year 2011. In the TET 2011 conducted by the Board of Secondary Education, Rajasthan, Ajmer more than five lakh candidates appeared; but, only 43.81 per cent female candidates were declared successful and 25 per cent male candidates were declare successful. While inviting attention towards certificate of TET 2011, learned counsel for the petitioners submit that the TET 2011 conducted by the Board of Secondary Education, Ajmer, was also contrary to the Guidelines issued by the NCTE and, now, without conducting TET for the year 2012, the State Government is going to recruit 40000 Teachers Grade-III, that too, without providing opportunity of acquiring certificate of TET to the lakhs of candidates and, due to inaction on the part of the State authorities, lakhs of candidates are being deprived to obtain the eligibility of TET certificate; therefore, competition for 40000 posts has become so narrow because quite lesser number of candidates who qualified the TET 2011 only are available and large number of candidates who are otherwise possessed of the essential academic and training qualification but not able to get an opportunity to appear in the TET 2012 will be deprived from the opportunity of participating in the recruitment process only due to inaction on the part of the State because they are not possessing the certificate of TET eligibility. Therefore, it is prayed that there is total lethargy and mismanagement of affairs by the respondent State on account of which lakhs of persons are deprived from the opportunity of even competing for recruitment on the posts of Teacher Grade- III. ;