Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioners have sought for the following reliefs: (i) For direction upon the respondents to issue Teachers Eligibility Test (TET) certificate to the petitioners, as the petitioners did their training from Teachers Training College of India, Ashok Nagar, Gaya (Bihar) which is a recognized Institution by National Council for Teachers Education (NCTE); (ii) To direct the respondent no.3 to disclose the marks obtained by the petitioners; (iii) To hold and declare that the respondent no.3 has no power to withhold the result of the petitioners on any ground whatsoever.
(2.) The brief facts, as has been delineated in the writ application, is that petitioners completed their teachers training course from Teachers Training College of India, Ashok Nagar, Gaya and the certificates/marks sheet of passing from the said institution has been granted to the petitioners by the Bihar School Examination Board, Patna as per Annexure-1 to the writ application. The minimum qualification of a teacher in the elementary school has been mentioned in the notification dated 23.08.2010 of the National Council for Teachers Education and in pursuance to the said notification a guideline was formulated with regard to conduct of the Teachers Eligibility Test (hereinafter in short referred to as TET) in the country. The State of Jharkhand under Article 309 of the Constitution of India has framed rules for appointment of Primary School Teachers which is known as Jharkhand Primary School Teachers Appointment Rules 2012 which has been notified on 05.09.2012 vide Annexure-4 to the writ petition. In pursuance to the Advertisement no.95 of 2012, vide Annexure-5 to the writ application published by the Jharkhand Academic Council (hereinafter in short referred to as JAC). All the petitioners applied for TET and after thorough scrutiny of the applications, admit card were issued to all the petitioners and as per the scheduled date petitioners appeared the test. After publication of the result all the candidates were directed to download the result from the website of the JAC and the status of the petitioners was shown as rejected. The reason shown is of invalid TT course which is evident from the result of the TET 2012 Examination as per Annexure-7 series to the writ petition. Aggrieved thereof the petitioners submitted representation to the respondent no.3 vide Annexure-8 series. It has been averred in the writ petition that the name of the Teachers Training College of India, Ashok Nagar, Gaya appeared at Serial no.25 under the heading Bihar Elementary as per Annexure-9 to the writ petition. It has further averred that the Nursery teachers training which is of a duration of 2 years has been imparted by the Teachers Training College of India, Ashok Nagar, Gaya is a valid teachers training course and the candidates who have done their course from the said institute have been allowed to be eligible for Central Teachers Eligibility Test (CTET) also, which is being held from time to time. It has further been reiterated that candidates trained from Teachers Training College of India, Ashok Nagar, Gaya have been allowed to appear in the Uttar Pradesh Teachers Eligibility Test (UP-TET) and their results have been published as the institution was recognized by the NCTE. Being aggrieved by the action of the respondent no.3 the petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances.
(3.) Learned counsel for the petitioner has strenuously urged that respondent no.3 does not have any unbridled or uncannalized power to withhold the result of the petitioners when candidates from similarly situated institutions have been allowed to appear the U.P Teachers Eligibility Test (UP TET) and the result have been published, therefore, the action of the respondents amount to violation of Article 14, 16 and 21 of the Constitution of India. Learned counsel for the petitioner further submits that the certificate of the Teachers Eligibility Test is an essential criteria for being appointed as a teacher after coming into force of Right to Education Act but the respondent no.3 in a very cavalier fashion has resorted to withholding of the results which is bereft of any cogent reasons. Learned counsel for the petitioner during course of hearing has referred to the rejoinder to the supplementary counter affidavit wherein it has been submitted that in the State of Uttar Pradesh the persons having certificate of Nursery Teachers Training (NTT) of two years are entitled for appearing in Teachers Eligibility Test (UP-TET) as evident from office memo dated 26.04.2013 vide Annexure-10 to the rejoinder affidavit. Further it has been submitted that one Sri Dharambir Kumar who has undergone two years teachers training has been granted the certificate Teachers Eligibility Test. The said Dharambir Kumar appeared in the Teachers Eligibility Test in the State of Bihar and he has been granted certificate of BE TET 2011 and on the basis of the said certificate Sri Dharambir Kumar has been offered the appointment letter.;