Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.

JUDGMENT :

J.K. MAHESHWARI, J.

1. Leave granted.

2. To educate is not merely to impart information, but to instil the ability to think critically, to inspire curiosity and to foster the love of learning. By imparting knowledge and life skills, teachers shape the foundation for lifelong learning and responsible citizenship. The importance of education and the paramount role of teachers in today’s day and age cannot be underplayed.

3. The instant appeals arise out of the judgment dated 20.12.2023 of the High Court of Jharkhand at Ranchi, permitting the private respondents who were residents of Jharkhand and cleared the Central Teacher Eligibility Test (the “CTET”) or neighbouring states’ Teacher Eligibility Test (the “STET”) to participate in the recruitment process for the post of Assistant Teacher in Primary and Upper Primary schools in the State of Jharkhand in furtherance to Advertisement No. 13 of 2023. The appellants have cleared the Jharkhand Teacher Eligibility Test (the “JTET”) and are challenging the participation of the private respondents in the said recruitment process.

4. In the present case, the dispute arose when private respondents herein, i.e. the CTET qualified candidates filed Writ Petition (PIL) No. 2785 of 2023 and other Writ Petitions being Writ Petition (C) Nos. 5559/2022, 5697/2022 and 1936/2023 before the High Court of Jharkhand at Ranchi seeking directions against the State to either conduct the JTET or permit CTET qualified candidates to participate in the recruitment process for the post of Assistant Teacher. It was contended by the private respondents herein (Petitioners therein) that the State of Jharkhand conducted the last JTET in the year 2016 and since then failed to conduct JTET. This has caused irreparable loss to thousands of eligible aspirants who have been waiting for recruitment as teachers in Jharkhand but have not been permitted to participate as they do not possess JTET qualification. Before discussing the merits of the case, it would be apposite to discuss the factual background which culminated in the impugned judgment.

Factual Background:

5. The Right of Children to Free and Compulsory Education Act, 2009 (the “RTE Act”) came into force on 01.04.2010. Section 23(1) thereof authorises the ‘academic authority’ to lay down minimum qualifications required for any person to be eligible for appointment as a teacher. The Central Government vide Notification S.O. 750(E) dated 31.03.2010, authorized the National Council for Teacher Education (the “NCTE”) as the academic authority to prescribe the minimum qualifications for the post of teacher.

6. NCTE issued the Notification F. No. 61-03/20/2010/NCTE/(N&S) dated 23.08.2010 prescribing the minimum qualifications for the post of teacher in Class I to Class VIII in a school referred to in clause (n) of Section 2 of the RTE Act. One of the minimum qualifications is passing Teachers Eligibility Test (the “TET”) “conducted by the appropriate Government in accordance with Guidelines framed by the NCTE for the purpose”. It is this requirement which is central to the present litigation.

7. On 11.02.2011, the NCTE issued the Guidelines for conducting Teacher Eligibility Test (TET) under RTE Act. As per Para No. 10, the Central Government and State Government both would conduct separate TETs, which shall make them eligible for appointment in the schools specified therein. The said guideline is relevant, hence reproduced as under:

“10. Applicability:

(a) TET conducte