Candidates with B.Ed. qualifications obtained after 2011 were ineligible for CTET as per regulatory requirements, underscoring the necessity for rigorous verification by recruiting agencies.

JUDGMENT :

Rakesh Thapliyal, J.

1. Today in furtherance of previous arguments, Mr. Negi, learned Senior Counsel for the petitioners raised one more vital issue which, in fact, goes to the root of the matter. He submits that all the private respondents who have been given appointment in the Primary Institutions obtained CTET certificate after 2011, though, after 2011 no relaxation was granted to B.Ed. qualified candidate to appear in the CTET examination. In reference to this, Mr. Negi learned counsel bring to the notice of this Court the Notification of the NCTE dated 23.08.2010. Clause (1) of this Notification relates to the minimum qualification and clause (3) pertains to training, which are being reproduced herein as under:-

1. Minimum Qualification: (i)

(a) Senior Secondary or its equivalent with as least 50% marks and 2 year Diploma in Elementary education by whatever name known Senior Secondary or its equivalent with at least 45% marks and 2 year Diploma in Elementary education by Senoir Secondary or its equivalent with at least 50% marks and 2 year Diploma in education special education

And

b) Pass in the Teacher Eligibility Test TET to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for the purpose

3. Training to be undergone-A person (a) with BA/B.Sc with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1^st January 2012 provided he undergoes after appointment an NCTE recognized 6 month special programme in Elementary Education. (b) With D.Ed Special Education or B.Ed Speciation Education qualification shall undergo after appointment and NCTE recognized 6 month special programme in Elementary education.

2. Next document which he has brought to the notice of the Court is the Central Teacher Eligibility Test Examination Rules 2011. Rule 7 pertains to eligibility and Rule 7.1 pertains to minimum qualification for becoming teacher for Class I to V: I^st Stage, which is being reproduced herein as under:-

7. Eligibility The following persons are eligible for appearing in the CTET.

7.1 Minimum Qualification for becoming Teacher for Classes I - V: Primary Stage Senior Secondary (or its equivalent) with at lest 50% marks and passed or appearing in final year of 2 year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and passed or appearing in final yaer 2 year Diploma in Elementary Education (by whatever name known) in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2002

OR

Senior Secondary (or its equivalent) with at least 50% marks and passed or appearing in final year of4 years Bachelor of Elementary Education (B.El.Ed)

OR

Senior Secondary (or its equivalent) with at least 50% marks and passed or appearing in final year of 2 year Diploma in Education (Special Education)

OR

Graduation and passed or appearing in final year of two year Diploma in Elementary Education (by whatever name known) Rules 17 and 18 are also relevant which are being reproduced herein as under:-

17. It is to be noted that if a candidate has been allowed to appear in the Central Teacher Eligibility Test it does not imply that the candidate’s eligibility has been verified. It does not vest any right with the candidate for appointment. The eligibility shall be finally verified, by the concerned recruiting agency/appointing authority.

18. Furnishing of false, wrong or inaccurate information may lead to cancellation of the test result, forfeiture of the certificate and even prosecution in appropriate cases.

3. He further refers the i