ORDER :

Alok Aradhe, J.

The petitioners in this batch of writ petitions have assailed the validity of Rule 4(I)(G)(i) and Rule 4(III)(B)(i) notified vide G.O.Ms.No.25, dated 10.10.2017, namely the Telangana State Direct Recruitment for the posts of Teachers Rules, 2017 (hereinafter referred to as, “the 2017 Rules”).

2. The petitioners seek a declaration that the qualification of Hindi Vidwan/Madhyama/Visharada is equivalent to the degree conferred by the University Grants Commission (UGC) recognised under the University Grants Commission Act, 1956, for the posts of Language Pandit (Hindi)/School Assistant (Hindi). The petitioners have also challenged the validity of the order dated 23.12.2017 passed by the State Government by which the qualification of Hindi Vidwan/Madhyama/Visharada held by the petitioners has not been held to be equivalent to the degree conferred by the UGC.

3. In order to appreciate the grievance of the petitioners, relevant facts need mention which are stated infra.

4. The petitioners have acquired the qualification of Hindi Vidwan/Madhyama/Visharada from the recognized institution from the Government of India for the purposes of employment as Language Pandit (Hindi)/School Assistant (Hindi). The qualification held by the petitioners was treated to be equivalent qualification to the degree conferred by the UGC under the rules notified vide G.O.Ms.No.4, dated 09.01.2012, namely the Andhra Pradesh Direct Recruitment for the posts of Teachers (Scheme of Selection) Rules, 2012 (hereinafter referred to as, “the 2012 Rules”).

5. The National Council for Teacher Education Act, 1993 (hereinafter referred to as, “the NCTE Act”), is an Act to provide for establishment of National Council for Teacher Education (NCTE) with a view 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. The NCTE Act has also been enacted with the object of prescribing qualifications of school teachers and for the matters connected therewith. Section 12 of the NCTE Act deals with functions of the NCTE. Section 12(d) empowers the NCTE to lay down the guidelines in respect of minimum qualifications for a person to be employed as a teacher in the recognized institutions. Section 12A of the NCTE Act deals with power of the NCTE to determine minimum standards of education of school teachers. Section 32 of the NCTE Act deals with powers of the NCTE to make regulations. Section 32(2)(dd) empowers the NCTE to make regulations for qualification of teachers under Section 12A.

6. In exercise of powers conferred under Clause (dd) of Section 32(2) read with Section 12A of the NCTE Act, the NCTE has made the regulations which are known as National Counsel for Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014 (hereinafter referred to as, “the 2014 Regulations”). Regulation 4 provides for qualifications for recruitment. Regulation 4(a) provides that the qualifications for recruitment of teachers in any recognized schools imparting Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges imparting senior secondary education shall be as given in the First and Second Schedules annexed to the Regulations. The relevant extract of the First Schedule is reproduced below for the facility of reference:

First Schedule {See Sub-regulation (2) of Regulation (4)}

The National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Sc