ORDER:

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This writ petition is filed to issue a writ, order or direction more in the nature of Mandamus declaring the action of the respondent in prescribing B.Ed, qualification as requisite qualification for the post of P.R.T vide notification issued by the respondent as illegal, arbitrary, discriminatory, unjust and subversive of Articles 14, 16 and 21 of the Constitution apart from being contrary to N.C.T.E Regulations and Right to Education Act, 2009 and consequently the candidates who possess D.Ed., qualification like the petitioner are alone entitled for selection and appointment to the post of P.R.T. in the respondent school and the B.Ed., candidates are not eligible for selection and appointment to the post of P.R.T. in accordance with the guidelines issued by the National Council for Teacher Education, New Delhi with all consequential benefits.

3. The case of the petitioner, in brief, is as follows:

a) The 1st respondent issued notification for recruitment of various posts under the control of Defence Laboratories School, Hyderabad including that of P.R.T. (Primary School Teacher). According to the said notification, two posts of P.R.Ts., have been notified. The qualifications prescribed for the said post is 1st class regular Graduate (English/Physics) with B.Ed., from recognized University and also qualified in TET/CIET.

b) The petitioner passed B.Sc. (MPC) and also completed Diploma in Education (D.Ed) and got one year experience in recognized school. The petitioner also passed TET examination. Therefore, the petitioner is qualified to hold post of Primary School Teacher to teach Class I to VIII. However, the respondents are not entertaining the application of the petitioner for the said post due to fixation of B.Ed as one of the qualification which is clearly illegal and contrary to the NCTE Regulations.

c) Rule 23(1) of Right of Children to Free and Compulsory Education Act, 2009 (Act 23 of 2009) any person possessing such minimum qualifications as laid down by the academic authority, authorized by the Central Government by notification shall be eligible for appointment as Teacher. In the present case, Central Government authorises the NCTE as academic authority to lay down the minimum qualifications for a person to be eligible for appointment as teacher vide notification dated 23.08.2010.

d) The State of Andhra Pradesh, in the Rules issued in G.O.Ms.No.4, dated 9.1.2012 for recruitment of Teachers (DSC 2012) that for selection and appointment to the posts of Secondary Grade Teachers who teach Classes I to V must possess the certificate of Intermediate and D.Ed. (B.Ed candidates are not eligible for selection). NCTE prescribed qualification for appointment of teachers to teach classes I to V i.e. intermediate and D.Ed as Child Phychology is one of the subjects in D.Ed, because they have to deal with small children whereas there is no such subject in B.Ed course. B.Ed candidates do not have training in Elementary Education. From NCTE notification dated 23.08.2010 it is clear that the intermediate and D.Ed candidates are only eligible for appointment as S.G.T., to Classes I to V and the candidates with Bachelor’s Degree and B.Ed, are eligible to teach classes III to X. The syllabus of B.Ed are totally different from that of D.Ed./TTC and the syllabus of D.Ed is better suited for imparting education to the students taking education in primary schools.

e) NCTE has given notification on 03.09.2001 according to which for appointment of teachers for primary classes, basic teacher training programme of two years duration is required B.Ed, is not a substitute for basic teacher training programme. In view of the aforesaid rule position and also the doctrine of law on the field and also NCTE Regulations, the B.Ed is not the requisite qualifi