- (1.)This writ petition is filed praying for setting aside and quashing the advertisement dated 09.12.2011 (Annexure-H), wrongly typed as 09.12.2012, the written examinations dated 21.1.2012 and 18.2.2012, oral interview conducted from 3.5.2012 to 10.5.2012 and the result dated 15.5.2012 with a further prayer to consider the appointment of professionally trained candidates against equal number of vacancies and only thereafter to consider appointment of untrained candidates against the surplus/excess vacancies. The facts as have emerged from the writ petition are that the writ petitioners belong to recognized Scheduled Tribes within the State of Nagaland, and possess degree of Bachelor of Education (B.Ed.). A notification dated 4.1.2008 was issued by the Education Department, Government of Nagaland, on the recommendation of the State Level Education Committee (SLEC), notifying the policy on recruitment of teachers under the Department of School Education and specifying minimum educational qualification for Elementary, Secondary and Higher Secondary Schools. Subsequently, in continuation of the said notification dated 4.1.2008, on the recommendation of the Governor's Executive Council, another notification dated 10.32008 was issued notifying that policy on recruitment of teachers prescribing minimum education qualification shall be applicable for all appointments including ad hoc appointments. In exercise of powers conferred under Section 23(1) of Right of Children to Free and Compulsory Education Act, 2009, for short, the Act of 2009, and in pursuance of Notification No. S.O.750(E) dated 31.3.2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, National Council for Teacher Education (NCTE) had issued a notification laying down minimum qualifications for being eligible for appointment as teacher in Class I to VIII in a school referred to in Clause (n) of Section 2 of the Act of 2009 with effect from the date of the notification. The Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, had published Guidelines (for short, MHRD Guidelines) dated 8.11.2010 under Section 35(1) of the Act of 2009 for implementation of the provisions of Section 23(2) of the Act of 2009.
(2.)Ncte had also issued a notification dated 11.2.2011 prescribing guidelines (for short, 'NCTE Guidelines') for conducting Teacher Eligibility Test (TET) under the Act of 2009, laying down eligibility criteria as well as structure and content of TET.
(3.)The Department of School Education issued a further notification on 28.11.2011 in continuation of the notification dated 4.1.2008 notifying that for recruitment of Elementary School Teacher candidates possessing Pre-Service Teacher Education (PSTE) qualification shall be given preference over other candidates.