ORDER:

1. Heard the Learned Counsel for the Petitioner, and Government Pleader for Higher Education and Learned counsel for Respondents.

2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the impugned selection list dated 31.07.2014 for the posts of PRT, in the 1st respondent institution pursuant to the notification issued on 4th September, 2013 r/w. corrigendum issued in December, 2013 and the consequential appointments made to the said post is as illegal apart from contrary to N.C.T.E Regulations and Right to Education Act, 2009 and consequently hold that the candidates who possess D.Ed., qualification like the petitioner are alone entitled for selection and appointment to the post of PRT, in the respondent school 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 dated 04.09.2013 for recruitment of various posts under the control of Defence Laboratories Educational Society, notifying 2 (two) PRT’s and the requisite qualification is 1st class regular Graduate (English/Physics) with B.Ed from a recognized university and to have qualified in TET/CTET.

b) Amending the requisite qualification for the said post/s, a corrigendum has been issued by the 1st respondent in December, 2013 thereby changing the qualifications to Senior Secondary School Certificate/Intermediate or equivalent with 50% marks in D.Ed or its equivalent for selection and appointment to the post of PRT.

c) Petitioner having completed the Diploma in Education (D.Ed) & also passed in T.E.T examination and being fully eligible and qualified to the post of P.R.T had submitted the application for the said post. As per the notification, the method of selection is Written Test (70%) and Interview/Demo (30%) and is thus evident that respondents have to conduct the Written test and interview.

d) For the said post/s, 1st respondent has conducted Oral Interviews to the candidates including the petitioner and respondent no. 2 & 3 during May, 2014. After the conduction of interviews, petitioner has been preparing for Written Examination but no Written Examination has been conducted and announced the selection list dated 31.07.2014.

e) The said selection list dated 31.07.2014 for the post of PRT issued by the 1st respondent and selecting 2nd& 3rd respondents is illegal, discriminatory and contrary to Notification.

f) Contrary to the said notification, which mandates 70% marks for the Written Examination and 30% for the Interview, the 1st respondent had only conducted interview which only amounts to 30% of the marks, which is in clear violation of the said notification. If only the 1st respondent had conducted the Written Examination along with the Interview, the petitioner would have been selected for the said post.

g) Moreover, as per Rule 23 (1) of Right of Children for free and Compulsory Education Act, 2009, the National Council for Teacher Education (N.C.T.E) is an academic authority, to lay down the qualifications for person/s to be eligible to be appointed as Teacher vide Notification dated 23.08.2010 and the petitioner possessing requisite qualification, is eligible to be appointed as Teacher.

h) The qualification/s prescribed by the Govt. of India through N.C.E.T are applicable throughout India, including the schools maintained by Private, Aided and Unaided and also the schools being run by various societies. Any other qualification prescribed by the respondent authority is contrary to N.C.T.E regulations.

i) In the present case, the 2nd and 3rdwho have only qualified B.Ed and not D.Ed are not entitled for selection and appointment to the post of PRT as per the regulations of NCTE and hence the appointment of respondent no. 2 and 3 is illegal and contrary to NCTE regulations. B.Ed qualification is not equivalent to D.Ed as held by Supreme Court and both the qualifica