The main legal point established in the judgment is the statutory and mandatory nature of the guidelines for the Teachers Eligibility Test, the requirement of minimum qualifying marks, and the obligation to evaluate answer sheets based on correctly framed questions to ensure fairness and equality in the selection process.

Chakradhari Sharan Singh, J.

What should be the mode and manner and what corrective measures would be essential for evaluation of answer sheets in a multiple choice question (MCQ) test, in the event, few questions are found to be incorrect for one reason or the other, withstanding the test of reasonableness, fairness in action and in conformity with principles of equality embodied under Articles 14 and 16 of the Constitution of India, is the foremost issue involved in the present batch of intra-Court appeals under Clause 10 of letters patent of this Court.

2. The appellants are aggrieved by the judgment and order of learned Single Judge, dated 06.05.2015, in CWJC No. 2650 of 2015 (Abdul Majid and Others. Vs. State of Bihar and Others) and other analogous matters, which arose out of publication of results by the Bihar School Examination Board (hereinafter referred to as the “Board”) of Bihar Primary Urdu and Bangla (Special) Teachers Eligibility Test (hereinafter referred to as the “Test”), whereby learned Single Judge has directed the Board to make evaluation of answer sheets of candidates, who had participated in the Test, by deleting questions wrongly framed and declare result accordingly as against the decision of the Board, based on experts’ suggestions, to award one mark for each incorrect question.

3. As common disputes based on identical set of facts and questions of law are involved in the present batch of appeals, all the appeals have been heard together and are accordingly being disposed of by the present common judgment.

4. Before we come to the core issue, we consider it apt to refer to the legal and factual background in which the Test has been held in order to appreciate and adjudicate upon the said issue.

5. With 86th Amendment in the Constitution of India, Article 21-A came to be inserted to provide free and compulsory education of all children in the age group of 6 to 14 years as a fundamental right. As envisaged by Article 21-A of the Constitution of India, the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the “Act”) came to be enacted by the Parliament as consequential legislation.

6. Section 23 of the Act lays down that any person possessing such minimum qualification, as laid down by an academic authority, authorised by the Central government, by notification, shall be eligible for appointment as a teacher. This provision has apparently been made to ensure not only free and compulsory education for children, but also to ensure quality education for them thoroughly properly qualified and trained teachers. It is in order to accomplish this avowed object envisaged under Section 23 of the Act that the National Council for Teacher Education (hereinafter referred to as the Council), a statutory body of the Government of India, has, vide its notification, dated 23rd of August 2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher for class 1 to 8. Section 2(n) of the Act defines “School” within the meaning of the Act as any recognised school imparting elementary education and includes:-

(i) school established, owned or controlled by the appropriate government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

(iii) a school belonging to specified category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.

7. Clearly thus, the word “School” within the meaning of the Act, is wide enough to include all schools imparting education up to class 1 to 8. One of the essential qualifications, for a person to be eligible for appointment as a teacher in any of the schools referred to in Clause (n) of Section 2 of the Act, is that he/sh