The NCTE has primacy in laying down minimum eligibility for teacher appointments, and the State's insistence on NTT certificate as the only essential eligibility was found to be unjust, unreasonable, and arbitrary.

JUDGMENT

Mahendra Kumar Goyal, J. - S.B. Civil Writ Petition No. 13837/2020

1. Although, the matters came up on various applications filed therein but, on the joint request of learned counsels for the respective parties, the writ petitions were heard finally at this stage on their merit.

2. Since, all these writ petition involve similar facts and common questions of law, they have been heard together and are being decided vide this common order.

3. To appreciate the factual matrix, the facts from the file of SB Civil Writ Petition No. 13837/2020, Chetan Datla & Others are being considered.

4. Challenge in the writ petition is to the result dated 10.11.2020 issued by the respondent No. 3, the Rajasthan Staff Selection Board whereby, the petitioners have not been selected for appointment on the post of Pre-Primary Teacher (NTT). A direction has also been sought for the respondents to consider them as eligible for appointment on the aforesaid post and to accord them appointment with all consequential benefits.

5. The facts in brief are that the petitioners applied for appointment on the post of Pre-Primary Teacher (NTT) in pursuance of advertisement dated 21.08.2018. The selection criteria was written examination which was conducted on 24.02.2019. Vide provisional select list dated 31.07.2019, candidates including the petitioners to the extent of 1.5 times the number of vacancies, were called for document verification from 03.09.2019 till 18.09.2019. Final result was declared on 10.11.2020 wherein roll number of the petitioners did not figure. It is averred that their candidature was rejected on account that they did not possess certificate of two years diploma of Pre-Primary Education with nomenclature of Nursery Teacher Training, the minimum eligibility prescribed under the Rajasthan Women and Child Development (State and Subordinate) Service Rules, 1998 and Amended Rules, 2011 (for brevity "the Rules of 2011"). It is also averred that the petitioners have acquired qualification of Pre-Primary Teacher Training course (PPTC) of two years duration from an institution recognized by the National Council for Teacher Education (for brevity-'NCTE') and in pursuance of the advertisements dated 06.03.2012 and 27.08.2013 issued on earlier occasion by the respondents prescribing the same eligibility criteria, the candidates having PPTC qualification were given appointment. It is stated that the NCTE is a statutory body constituted under the National Council for Teacher Education Act, 1993 (for brevity-'the Act of 1993') with main objective to achieve planned and coordinated development of the Teacher Education System throughout the country, the regulation and proper maintenance of norms and standards in the Teacher Education System and for matters connected therewith. Section 12(d) of the Act of 1993 mandates the NCTE to lay down guidelines in respect of minimum qualification for a person to be employed as a teacher in a recognised institution. As per Section 12A, for the purpose of maintaining standards of education in schools, the NCTE may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority.

6. It is pleaded that under Section 32, the NCTE is empowered to make Regulations by notification in the official gazette to carry out the provisions of the Act of 1993. Section 32(2)(d)(i) authorises the NCTE to frame Regulations laying down the norms and standards in respect of minimum qualification for a person to be employed as a Teacher under Section 12(d). It is averred that the NCTE having been established under an Act of Parliament enacted in terms of Entries 65 and 66 of List-I, it is not open to the State Government to fix any qualifications contrary to those laid do