VEERENDR SINGH SIRADHANA,J. - (1.) The petitioners have instituted the above noted writ applications praying for the following relief(s): "i) That the impugned Clauses-13(2) of the impugned advertisement dated 12.04.2018 prescribing marks secured in Teachers Eligibility Examination as sole criteria of selection on the post of Teacher Gr.III (Level-I) may kindly be declared illegal and arbitrary and therefore same may kindly be quashed and set aside. ii) The respondents may kindly be directed by issuing appropriate writ, order or direction in the nature thereof: (a) To adopt the process of normalizing the marks of different examinations of RTET 2011, 2012 and REET 2015 and 2017 before making selection on the post of Teacher Gr.III (Level-I); (b) To make the selection on the post of Teacher Gr.III (Level-I) by correcting the answer key of REET 2017 in respect to following questions as under:- JUDGEMENT_64_LAWS(RAJ)10_2018_1.html (c) To grant weightage to the marks of qualifying examinations like Sr. Secondary and BSTC; (d) To produce before this Hon'ble Court Result analysis sheet for REET 2015 and REET 2017 and the record of the no. of candidates selected on the basis of REET 2015 marks in Teacher Grade III (Level-I) Recruitment, 2016; (e) Or in the alternative to conduct written examination for selection on the post of Teacher Gr.III (Level-I) or to make selection solely on the basis of marks in REET 2017 and with weightage of marks in qualifying examinations (iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner."
(2.) Shorn off unnecessary details, the essential skeletal material facts are that the Respondents conducted Rajasthan Teacher Eligibility Test (for short, RTET), for recruitment on the post of Teacher Grade III (Level-1) for the year of 2011 and 2012. Thereafter, an amendment was made in the Rajasthan Panchayati Raj Rules, 1996 (for short, Rules of 1996) vide notification dated 15 October 2015, wherein the candidates in possession of the qualifications as per National Council for Teacher Education (for short, NCTE) Notification dated 29 July 2011, were only to be eligible to apply for the Rajasthan Eligibility Examination for Teachers (for short, REET), earlier known as Rajasthan Teachers Eligibility Test (for short, 'RTET'), for the subsequent examinations. After the amendment of the Rules of 1996, as aforesaid, the respondents advertised for REET-2015, wherein the conditions of eligibility were as per the amendment and result of REET-2015, was declared by the respondent no. 3 on 19 May 2016. The respondents issued advertisement dated 06 July 2016, as Advertisement No. 1/2016, inviting applications from eligible candidates for Rajasthan Primary and Upper Primary School Teachers Direct Recruitment Examination-2016, and the result for the same was declared on dated 27 May 2017. The petitioners are the candidates who acquired their two years Diploma in Elementary Education after 2015 and became eligible to appear in REET-2017. And they appeared in the REET - 2017 Examination, conducted by the respondent no. 3. The respondent no. 3, issued model answer key dated 11 April 2018 under the advertisement dated 12 April 2018, for the eligibility examination and invited objections from participating candidates on the same model answer key. The petitioners submitted objections on several questions of different subjects including compulsory subjects as well. The list of the disputed questions of REET-2017, is as under: JUDGEMENT_64_LAWS(RAJ)10_2018_2.html
(3.) Learned counsel for the petitioners contended that National Council for Teacher Education (for short, 'NCTE'), has been designated as 'Nodal Agency' to prescribe minimum qualifications for a candidate to be eligible for appointment as a teacher. Further, NCTE vide its notification dated 23 August 2010, in the Gazette of India contemplated that it would be compulsory for a candidate to pass a Teacher Eligibility Test (TET), to be conducted by the appropriate government in accordance with the guidelines framed by the NCTE. The Panchayati Raj Department vide notification dated 15 October, 2015, amended the Rules 1996, contemplating that the authorized agency shall invite applications by advertising vacancies and shall prepare a category wise select list of the candidates declared successful on the basis of criteria of selection laid down by the State Government from time to time. The Teacher Eligibility Test (TET), has been conducted only four times since 2011 i.e. RTET (Rajasthan Teachers Eligibility Test) 2011, RTET 2012 and REET (Rajasthan Eligibility Examination for Teachers) 2015 and REET 2017. After the amendment under the Rules of 1996, vide notification dated 15th October, 2015, the respondents issued advertised for REET-2015, wherein the condition of eligibility was as per the amendment and the result of the REET-2015, was declared by the respondent no. 3 on 19th May, 2016. Thereafter, the State-respondents issued advertisement dated 06th July, 2016, as Advertisement No. 1/2016, for Rajasthan Primary and Upper Primary School Teachers Direct Recruitment Examination-2016, and the result for the same was declared on dated 27th May 2017. The petitioners are the candidates who acquired their two years Diploma in Elementary Education after 2015, and became eligible to appear in REET-2017. And the petitioners did appear in REET-2017 Examination conducted by the respondent No. 3. The model answer key dated 11th April, 2018, was issued under the advertisement dated 12th April, 2018, for the eligibility examination and invited objections from the participating candidates. The petitioners submitted objections on several questions of different subjects including compulsory subjects as well, which reads thus: I) Question No.1, Section - 1, Child Development and Pedagogy: Ques.No.1. In Paiget's theory a process which is the balancing act between the "old" and the "new" between the perception and experience known as (A) Assimilation (B) Accommodation (C) Equilibration (D) Knowledge disturbance Correct answer according to the respondents is-(C) Equilibration. And according to the petitioners-(B) Accommodation II) Question No.11, Section-1, Child Development and Pedagogy:- Ques. No.11. Howard Gardner says that there many specific types of intelligence or frames of mind. Which one is a category of the intelligence as suggested by him? (A) Analytical intelligence (B) Creative intelligence (C) Naturalist skills (D) Practical Intelligence Correct answer according to the respondents is- (C) Naturalist skills. And according to the petitioners- (B) or ought to have been deleted. III) Question No. 17, Section-1, Child Development and Pedagogy:- Ques. 17. Psychoanalysts believe that there is a primary means by which the ego "keeps the lid on the id". It is called (A) Super Ego (B) Pleasure Principle (C) Conflict (D) Repression Correct answer according to the respondents is- (D) Repression. And according to the petitioners-or ought to have been deleted. Ques.22 One of the adjustment mechanism involves thinking logically and socially, in approved reason of past, present and proposed behaviour is called (A) Compensation (B) Rationalization (C) Regression (D) Repression Correct answer according to the respondents is- (D) Repression. And according to the petitioners or ought to have been deleted. IV) Question No. 21, Section - 1, Child Development and Pedagogy:- Ques.21 A systematic science which provides Rules, Laws and Principles for achieving adjustment within self and the environment is called (A) Motivation (B) Mental Hygiene (C) Learning (D) Conflict Correct answer according to the respondents is (B) Mental Hygiene And according to the petitioners - (C) Learning V) Question No. 37, Language-1, Hindi:- (A) (B) (C) (D) Correct answer according to the respondents is (C) Respondent And according to the petitioners or ought to have been deleted. VI) Question No. 99, Subject-Mathematics:- Ques.99 3 litre mixture of water and sugar has 40% sugar. If a litre water is added in this mixture, then sugar percentage in new mixture is equal to (A) 25% (B) 30% (C) 35% (D) 40% Correct answer according to the respondents is-(B) 30%. And according to the petitioners or ought to have been deleted. VII) Question No. 107, Subject-Mathematics:- Ques.107 A device for finding out what pupils understand and can do with a purpose of adapting future teaching to the needs of the individual or the class is known as (A) Summative Assessment (B) Informative Assessment (C) Diagnostic Assessment (D) Testing Correct answer according to the respondents is- (C) Diagnostic Assessment. And according to the petitioners- (A) Summative Assessment VIII) Question No. 137, Subject - Environmental Studies:- Ques. 137 Minamata disease is related to which of the following (A) Cd pollution (B) SO2 pollution (C) Hg pollution (D) None of these Correct answer according to the respondents is-(C) Hg pollution. And according to the petitioners or question ought to have been deleted.;