(MR.BHASKAR BHATTACHARYA)

All these Special Writ-Applications were heard analogously as the subject-matter of the dispute involved in these applications is identical.

2. The prayer of the writ-petitioners before this Court is for issue of a writ of certiorari and/or mandamus or any other appropriate writ or supervisory writ, order or direction after holding that the decision of the State-respondents to exclude and not to permit the students who have graduated with Sociology as principal subject from appearing in Teachers’ Eligibility Test (“TET”) for higher primary education in the State of Gujarat, is illegal and unconstitutional. The writ-petitioners have also prayed for granting permission to the students who have graduated with Sociology as their principal subject to appear in the TET for higher primary education in the State of Gujarat to be conducted on August 28, 2011 and for extending the date of on-line registration by a week starting from August 6, 2011.

3. The case made out by the writ-petitioners may be summarized thus:-

(a) The writ-petitioners are the students who have graduated withSociology as their principal subject at the graduation level and are desirous of appearing in the TET. Some of the petitioners have also done their post-graduation in Sociology and have also passed B. Ed with method Social Science, as according to them, Sociology is an integral part of Social Sciences across the world. Many of the writ-petitioners also hold the diploma of PTC.

(b) According to the writ-petitioners, the Right of Children to Free and Compulsory Education Act, 2009 (“Act”) was introduced in the year 2009 and pursuant to the provision of the Act, the National Council for Teachers’ Education (“NCTE”) was entrusted with the obligation to lay down the standard of education for Teachers in the schools as well as in the colleges all over India. The writ-petitioners assert that the NCTE has laid down the norms by issuing necessary notification which indicates that one has to necessarily pass TET in addition to holding a Degree of Graduation or equivalent Degree along with B. Ed. or PTC to become a teacher in the school.

(c) According to the guidelines issued by the NCTE, the minimum qualification for a person to be eligible for appointment as Teacher in Class-1 to Class-8 in a school is that in addition to other qualifications prescribed, he must pass TET.

(d) The obligation to conduct TET is, however, cast upon the State Government in respect of the schools with which the writ-petitioners are concerned through its Department of Education. NCTE does not by itself conduct such test and it lays down only the eligibility criteria, qualifications and issues guidelines through notifications.

(e) In the month of April-May, 2011, the State-respondents laid down eligibility criteria to appear in the TET in the State of Gujarat for the prospective teachers for higher primary education, particularly meant for Standards 6 to 8. It appears that all the subjects which are part and parcel of Social Sciences were excluded and the effect of such notification was that more than 50,000 students were made ineligible to appear even in the TET though they were otherwise qualified in accordance with the qualifications fixed by the NCTE. According to the said criteria fixed by the State-respondents, only those who have graduated with the following subjects are eligible to appear in the TET:

i. Mathematics

ii. Science

iii. English

iv. Hindi

v. Sanskrit

vi. Gujarati

(f) The State-respondents, for the reason best known to them, decided to exclude the students who have graduated in the following subjects from appearing at the TET:

i. Sociology

ii. Political Science

iii. History

iv. Geography

v. Civics

vi. Economics

vii. Psychology

viii. Philosophy

(g) Being aggrieved by such exclusion, some students, 93 in number, who had graduated with Sociology, Political Science, Economics, History, Civics, and Geography, filed Special Civil Application No.67