Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) PETITIONERS in both the writ petitions assail the advertisement issued by the District Authorities for filling up the vacancies for the post of teachers in primary schools, alleging that they, in effect, would deny consideration to persons like the petitioners who could not either get a chance to qualify the Teachers Eligibility Test (TET) or failed on the first occasion. It is their contention that Teachers Eligibility Test is required to be conducted annually in terms of the guidelines issued by the National Council for Teachers Education (NCTE), as per the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009, which is not being followed in right spirit by the respondent Government. It was last conducted in April 2013. Thereafter the recruitment exercise being undertaken, is confined to the candidates who had qualified such Test. In the interregnum, many more candidates became eligible but are not getting opportunity to qualify in the eligibility test like the petitioners. Provisions of the Act of 2009 and NCTE guidelines of 11.02.2011 have been relied upon.
(3.) RESPONDENTS were asked to file counter affidavit in the matter and to apprise the Court whether any Teachers Eligibility Test is in contemplation of the respondent Department. A counter affidavit has thereafter been filed in WPS No. 3566/2015 by the respondent Department. In substance, the stand of the respondent is that there is no statutory mandate in the Act of 2009 to hold Teachers Eligibility Test annually. This is a matter of policy for the respondent Government. The Jharkhand Primary School Teachers Recruitment Rules, 2012 framed under Article 309 of the Constitution, also do not provide a statutory mandate for holding the Teachers Eligibility Test annually. It is their further contention that NCTE is a Academic Authority authorized by the Central Government in terms of section 23 of the Act of 2009 which lays down the eligibility conditions for appointment as a teacher. It is also submitted on their behalf that the eligibility conditions prescribed by the NCTE are part of the statutory rules of 2012 framed by the State Government and are also being followed in all recruitment exercise to such post. However, petitioners cannot withhold the recruitment exercise undertaken through the impugned advertisement if they are not fulfilling the eligibility conditions prescribed thereunder. It is their case that if no legal right flows out of the Act of 2009 or NCTE guidelines or 2012 Rules, petitioner cannot seek a mandamus upon the respondents for holding Teachers Eligibility Test at a particular regular interval. Therefore, no interference is required in the present writ petitions.;