- (1.) By this writ petition, a challenge is made to the condition No. 7(1) (Kha) and 7(2)(Kha) of the impugned advertisement dated 2.4.2012. It is stated that petitioners are already in service as Teacher though in a private school. They are held ineligible for appointment in the government school for want of qualification of Rajasthan Teacher Eligibility Test (RTET). The condition mentioned in para 7(1) (kha) of the advertisement should not be applied to the petitioners in the light of the Notification issued by the NCTE on 23.8.2010 at Annexure-4. In clauses 4 and 5 of the Notification, an exemption is given to the existing teachers yet respondents have imposed condition for qualification of RTET for all concerned. Reference of the judgment in the case of Sushil Sompura v. State of Rajasthan ", DB Civil Writ Petition No. 3964/2011, decided on 20.5.2011 has been given wherein NCTE is directed to take a decision in respect of State of Rajasthan as to which teachers are exempted as per clause 4 of the said Notification. A month's time was given to them for the aforesaid purpose. Accordingly, petitioners may be held eligible for selection to the post of Teacher Gr. III.
(2.) I have considered the submission and perused record of the case.
(3.) An Advertisement for appointment to the post of Teacher Gr. III was issued by various Zila Parishad in the State of Rajasthan in the year 2012 i.e. much subsequent to the Notification at Annexure-4 dated 23.8.2010. The case in hand pertains to appointment to the post of Teacher Gr. III. It would be necessary to indicate that by an amendment in the Constitution of India, education has been made fundamental right. After amendment in the Constitution, Parliament brought legislation for free education namely. The Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act of 2009') Section 23(1) of the Act of 2009 empowers Central Government to authorise academic authority to lay down minimum qualification. The Central Government issued a Notification on 5.4.2010 authorising National Council of Teacher Education (for short 'the NCTE') to prescribe requisite qualification. The NCTE issued Notification on 23.8.2010 to provide requisite qualification at different levels i.e. Level-I and Level-II. It was then amended vide Notification dated 29.7.2011. Subsequent to the Notification aforesaid, State of Rajasthan issued advertisement to hold RTET through Board of Secondary Education, Rajasthan, Ajmer. The examination was conducted in the year 2011 and result was also declared. Petitioners are those who did not appear in RTET and now plea is taken pursuant to clause 4 and 5 of the Notification dated 23.8.2010. Clause 4 and 5 of the Notification dated 23.8.2010 are reproduced here as under for ready reference- 4. Teachers appointed before the date of this Notification-The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualification specified in Para (1) Above. (a) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher of class I to V possessing B.Ed. Qualification, or a teacher possessing B. Ed. (Special Education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognized 6-month special programme on elementary education. (b) A teacher of class I to V with B. Ed. qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE; (c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. 5. Teacher appointed after the date of this Notification in certain cases.--Where an appropriate Government, or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointment may be made in accordance with the NCTE (Determination of Minimum Qualification for Recruitment of Teachers in School) Regulations, 2001 (as amended from time to time).;