1 1 460 C 1 Il Al P7 1 1 1 4 t J CO OF PUNJAB HARA AT CHIG IN THE HIGH 1 r 1 CWPNo 17449of20088 connectedcases 1 1 1 VijayKumar andothers 1 1 etitioners 1 P 1 Versus 1 StateofHaryaa and others 1 1 r 0 CORAM4HONBLEMRe JUSTICE MeMeKUl1 0 T 1 HONBLEMR JUSTICE AeNeJAL I 9 t5 KrishanChatrathSetor Advocate with Present I Ms Alka ChatrathAdvocate and Mr GP SinghAdvocate Z forlhe Mr RameshwarMalik Addl AG Haryana r WithMs Mamta Singhal Talwar Asstt AG Haryana Mr NamitKumar Advocate I Mr RK Malik SeniorAdvocate with C3 Mr Kohal Dev Sharma Advocate Z Mr JagbirMalik Advocate forthe 00 1e T0be referredto theReporters or not2 r 1 7 Z 2 Whethelthe shouldbe in the Digest2 Om 1 MMe KUMAR 3e 1 1 This order shall of a bunch of 10 involving e 1 of law and facts However thefactshave beenreferredfrom common WP No17449of2008 2 Th Guest workingin the ana EducationDepent have filed the petitionunder Article 226 of the Constitutionchlenging 1 tbestatutory rules vide impugnednotificationsdated amendmentsmade in 1 r 1 1 i 1 i Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document Il11 2 cf6rNo 17449of2008 connectedpetitions 1 1 51 1 2402008 1 to PI Furtherchallenge has been madeto the 4 ofProspectusfor holdingStateTeachersEligibilityTest 6forbrevity lssuance the Test9as also dated1382009 6P89 1 1 conditionfor recruitmentof 4 of the EligibilityTest as an ofall Still uer a prayerhasbeenmadefor directing the teachers 1 4 4 ln petitionersfor against theposts 1 vide advertisementdated 1382009 without which have b6en 1 Test Cl 1 offactual matrixmay benoticed In the 0 3 At theoutsetthe contour 0 1 set of Rules of Education Haryanathere are C5 ofTeachersto andGrouICposts TheseRulesare known I 1 1994 Z of1994 which were amendedbytheHaryana 6forbrevitythe ServiceRules 1 C Education District Cadre ServiceRules 20036forbrevity V I the 2003 TheseRules govemthe of serviceof Primary L and Junior Basic Trained Teacher The Z such as Head of Middle School and concernmg CO such as PunjabiHindioSanSkr and Masters in vanous m Z 1 by the HaryanaStateEducation TrainingInstructorsetc are Om 1998 r brevity the ServiceRulesof SchoolCadre ServiceRules The HaryanaStateEducationSchool and Inspection Cadre96GroupB9 1 ServiceRules 199810for School and Inspection CadreRuIesoalso 1 1 1 1 4 1 1 f 1 and conditionsof certain concerningppointment 1 t Service f EducationDeptment 1 service of peons recruitedto the 1 1 DistrictEducationOfficerlSub 1 AssistmtDirector such as Education Offlcer Block Education 1 i 0 1 1 1 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 3 t CT462 of2008 petitions 0 te 4 tl c 1 1 1 1 Lecturer School e OtherthanthisthOlles calledthe HaryanaState 1 1 Lecturer Rules relateto 1 Rules19986forbrevity the 1 Cadre9 Servlce 1 1 4 e BBSc and BEd or 7 or In VlZe 1042JBTIDEdJETT 1 1 more than50Iomarksand the MAMSc MEd etc Rulesfor being as C under the statutory 1 chart has been showing 0 TeachersIn 20f the pition a detailed 0 and of the 1 theeducational bythe t 1 Z 1 b C5 for whichtheyare eligible I thatmore than 15000 5e The madein the show Z 1 theteachershave of teachersexist m theStateof Haryana theyear 2001 the State of Haryana CC not been in full strengthIn 1 vide notificationdated 1 to the Zila I the primary C3 rescindedbyanothernotiflcationdated Z 3032001which was 4 1 the 1082005 CO 1 the interregnum periodby the ZilaParishadswouldbe schools Wm 1 1 e for was raisedfrom 1042to to a tes Their 0 1 rnadeto the ler of Thusis alleged that an attempt was 1 1 lcruitd bythe Zila Parishads 1 1 of teachers the 1 4 In2005with a view to cope up with the 6 decided to make of Guest Teachers On State of Haryana issuedfor of Guest Teacherse 171220050an advertisementwas of Guest Teacherswas to the Thepower to nake Officers Block Officers and the District 1 1 1 J P r b Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 1 4 0 17449of2008c connectedpetitions 1 10 1 1 1 oftheconcernedinstitutions A largenumberof Guest 1 1 1 weletrainedand were The were Teacherswho 1 also as GuestTeachersin December2005 1 7 The oard of School Education Haryana Bhiwani issued a ofthedecisionof the Stateof Haryana to inuoducean on the ba8is 1 test for school etc The trainedand qualified teachersfiled 1 1 CWPNo 12599of 2008 Kumar and othersv Stateof Haryanaand 4 in thisCoOrt the said andthe action of the State 1 passing of EligibilityTest as an essentialconditionfor 0 of Haryana 0 ofpostsofteachers It is claimedbythe I 1 CD issuance of noticeof motion by a Division Bench of this Court on that I 1 2232008 theState of HwyanaamendedthestatutoryRulesbyissuingseparate Z 1 4 In Appendix B ofall the dated2472008 6exures PltoP 0 Rules z the Schooland Rules the SchoolLecturerules i t 1 Rulesof 1998 the of i the ServiceRules of 1994andthe Service 1 Certiflcateofhvi7zgqualiedSchoolTeachersEligibilityTest E has fn beeninserted Pl to 19 Anothernotiflcationdated2732008 has 7 Z para 20f the earliernoti6cati0ndated 172008 also been which is to the effect that thepass percentagefor candidates belonging to 1 1 categoes shall be 50Io andfor ScheduledCaste candidates45Io for 4 1 t considerationfor recruUment as by Haryana StaHSelection 1 1 forGovernmentSchoolsin Haryana It has er been sated lat thenumberofchancesto appear andpass the test which an 4 can avail restrictedto three in case of General Categorycandidates and four zn case of Reserved Categorycandidates 6Anrure P59 On r 2572008whenthe aforementionedwrit petition cameup for considerationthe 1 1 1 1 t 1 1 V 1 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document c162Vo 17449of2008 85connectedPetitions 5 1 C 91 i 1 1 DivisionBenchpassed thefollowingorder 46 Thiswrit petition hasbeen filedwith a prayer to quash action 1 4 4 i 1 of no 5 to issue a prospectus to hold the StateTeachers 1 Test It is contentionof counsel for the 1 t thatthe above said test has been flxed without any 1 1 1 1 for the same in the service rules the 1 proVlSlOtl to the postsof Masters Feachersand Lecturers in 1 r Schoolsin the StateofHaryana 0 1Noticeofmotion was issuedin this case on July22 2008 In 0 to notice short replyhas beenfiled whereinit hls been I 1 CD stated tliatintentionto amendtheservicerules was bythe 1 1 V State Govemment byissuingnotificationdatedApril 17 2008 Z 1 Thereafterthe above said prospectus was issued Admittedly 2 r in the Rules have been effectedand noti8edonlyon I Ju4242008 it is contentionof counselfor the that 08 1 once there was no in the rules to hold any eligibility test a0 1 it was not open for the to issue any prospectus to a 1 Z conductany test CL After counselfor the parties we were 1 1 1 1 with the argumentraised by counselfor the 1 We ere goingto restrainthe from conducting the 1 question till the next dateofhearingAt this stageAdvocate 1 1 1 GeneralHaryanaassistedby Shri SanjeevBansal Advocate on 1 instructionsfrom Mr AnuragRastogiDirector Secondary Education Haryana very fairly states that the withdrew the prospectus111 they will issue fresh 1 1 t t 1 1 4 1 Ie Il 44 1 1 1 1 r 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 f65 Non 17449of2008Eeconnectedpetitions 6 1 j r prospectusifneed be Itis lrtherstatedthat in case Government decidesto holdthetest movedbyall thecandidatesin respectto the earlierprospectusissued shall be consideredvalid and theyneed not applyafresh Petitioners if so advised may applyagainin that event fee alreadypaidby them shall be 1 f adjustet In of the statement made this writ petition Vlew has 1 1 becomeinuctuous and the same 1S of tm e Petitioners if so advised may laychallenge to the notification now D 0 issued by the Governmenteffectingamendment in the serVlCe 0 1 rules t5 8 Again a prospectushas been issued by the Board of School I t EducationHaryanaBhiwani in referenceto notiflcationsdated17A2008 and Z 242008 issued by the State of Haryana In the prospectusit has been r specifically mentionedthatpassing of theEligibilityTest wouldbe an essential condition for recruitment of all of teachers The prospectusalso 1 contams the schelne of test syllabus for EligibilityTest of different CO of teachersschedule and eligibilitycriteria etc The last date of receiptof er3 for Eligibility Tests was fixed as 1982008 The EligibilityTests Z D for differentcategoryof teachersVlZ Heads Teachers Lecturers Qm 1 and MasterslMistresses were scheduledto be held on different datesbetween 1 4102008 to 12102008 exure Pa69 9e i 1 It is 1 here that the Stateof Haryanahas 91 been advertising various postsof teachersSom timeto time Accordingto the petitioners one such advertisementwas issued on 2072006 6AnnexurePe79 1 Some of the petitioners and other similarlysituated persons were eligibiefor respectivepostsas pr the qualiflcations prescribed ln the said advertisement 1 1 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 166 1wpNo 17449of2008 connectedpetitions 7 C However the could not be made beeauseof litigation which had beengoingon 111Honble theHighCourt as alsoHonble the Coult However with theadventofpassing ofEligibityTest as an essentialcondition suchpersonsincluding the havebeenrenderedineligible 10 It is in the of abovefactualpositionthat the flled CWP No 17449of2008 However after issuanceofnotice ofmotion and filingof replyby the in pursuance to a sent by the 1 Q Education HaryanatheHaryanaStaff SelectionCommission or 0 brevitythe hasissueda freshadvertisementNo 412009dated 0 1382009 inviting for fillingup 9647 postsofJBT Teachers 1276 C0 postsof Science Masters 237 postsof DPE Masters 1037 posts of Math I 4r Masters 372 postsof SS Masters 20 postsof Music Mastersand 4 postsof Z Home ScienceMistresses The lastdateofsubmission formswas 2 lr 148009 In the said advertisementpassingof EligibilityTest has been I mentionedas an essential for to the said posts 08 C Annexure P In order to lay to the said advertisementthe petitioners amendedthe writ petition muo Z 11 The primary of the is that the actionof the r official in thecondition of passing of Eligibility Test is lll contraventionof the prescribed under the framed by the National Council for TeachersEducation or brevityNCTE which has been constitutedand establishedunder the National Council for Teachers Education Act 1993 or brevitythe 1993 Actl Referring to Section 12 of the 1993 Act it has been that NCTE has been established for ensunng plannedand coordinated of teacher education and for determinationand maintenanceof standardsfor teacher education Section12 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 467 No 17449of2008 85connectedpetitions 8 Cl 1 lrther lnctions ofthe NCTE and clothed it with the power to lay down in respectof minimum for a personto be as a teacherin schoolsor in institutions NCTE also lays rll down norms for any speciedcategoryof courses or in teacher educationincludingtheminimumeligibility criteria for admissionthereofand 1 themethod of selection of candidatesduration of the course course contents and mode of curriculum It has also the power to minimum m4n for a person to be as a teacherunder clause 6d9of 0 Section12 fthe Act According to the the NCTE is like an Apex II Il 0 Body inasmuch as without its recognition in termsof Section 14 of the 1993 1 I C5 Act no institutioncould even start any new course or training iteachers mdm education 1 Zt r 12 It has furtherbeen highlighted that under clause Oti9 of Sul 4 C section629of Section32 readwith Section 12600 ofthe 1993Act theNCTE has framed namelythe National Council for Teacher Education 06 of Minimum for Recruitmentof Teachers1r1 CO t 2001 6forbrevitythe 2001 which came ne Z into operationwef 492001 The 2001 are for Il 1 j recruitmentof teachers in all formal schools established run or ided or 1 1 recognizedby the Central or StateGovemments and other authorities for 1 1 educationat elementary and upper schooO 1 1 seniol secondary stageslRegWation 3 providesfor 1 1 Il for recruitment of teachersin educational institutions as givenin First and 1 Second Schedule to theRegulationsIt has 8lrther been statedthatthe 1 10 1 qualifications prescribedin the First Schedule applyfor recruiltment ofteachers 1 Il Il for teachingschool subjectswhereasthe qualifications prescribedin the Second 1 1 1 4 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 9 0 17449of200885connected petitions i C 9149 11 1 4W 1 1 Scheduleapply ecruitmentof teachersfor PhysicalEdUcatiOe HOW 1 i1 1 for recruitment for coecurricularactivitiessuch as work experience 1 1 1 by the concemed 1 etc existing as art 1 applyFor from one levelto thenext 4 level of teachingmlnlmum as given lIl theSchedulesfor the 1 1 levelwouldbe 1 1 the in the 2001 it 1 13 Basedupon 1 i 1 hasbeen aserted that for of Eleme Teachersthe Q 1 School Certificate or or its is Senior 0 1 0 orCertiflcatein BasicTeachersTrainingof a duration andDiploma I of Elementary Education BPlEc For C5 of not less thantwo years or 1 6 ofUprPrimaryTeacher6MiddleSchoolSection9 the to thepost Z Senior Certificateor or lts 1S 1 1 t 1 1 TeachersTrainingof a l Dipl6ma or Certiflcatelll r BachelorElementaryEducation durationof not less than two years or I 625 For to thepostof SchoolTeacherthe CJO is GraduatewithBachelorofEducatiotBdO or its or 7Z Four Years inteated BSc BEd or an course Similarlyfor Clw Teacher the 1S to Senior 1 Degreeinthe relevantsubjectwith Bachelorof EducatiorBFA9or its TwoYears MSc BEd course or an or i l 1 i 4 1 ofPhysicalEducationInstitions for Eleme 4 For rcruitment of tea2hers 1 I l 1 1 1 1 the is Senior Secondary School Certificate or Intermediate 1 Teacher 1 1 or its equivalent andCertificatein PhysicalEducation CPEcl9 of a durationof notless than two years or its For in 1 It with Bachelor of PhysicalEducation School the qualification 1S 1 Y 1 I 1 n2e106n Irl 1 jl 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 10 C169 0a of2008 cected petitions fP7 1 4ew 1 Physical 11BPEd9 or its andfor in Senior1 1 i 5 4 1 1 Educationas anelectivesubjectthe is MPElMPEd years 1 4 1 14 The 2001 vere vide NationalCouncil for 1 TeacherEducation of Minimum for Recruitment 1 of Teachers111 2003 or brevity the 2003 1 1 and 1 an the followingmlnlmum 1 1 C e 1 1 1 i educational for recruitment of teachers 1I1 0 i 1 CO 1 el 1 1 Minimum Academic and tD Level 1 I PreSchooll NurseryFor School Class le le Ten Certificate its childrenin the age group or Z of4 6yea and 11 in Prem U2 Schoolteacher education C of a durationof programme not Iessthan one year 1 1 School Class 111 PreSchooll Nursery le c6 followedby flrSt tWO Twelve Certificate or r formalschool Intermediate or its m a 6forchildren in the age with at least m of 6 and 45Iomarksand group Z yearsl 11 lIl Om 1 teachereducation 1 of durationof programme notlessthan two years 111 Elementary le Senior School a Primary Certificateor or its and 4 1 11 Diplomaor Certiflcate ltl basicteachers trainingor a durationof not less than two yearsn OR Bachelor of EIementary 1 EducationBEIEdl b Upper Primary le Senior Secondwy 0v8d4e School Section Certificate or Imermediate 1 1 1 1 1 h 1 t 1 1 reV1 43 1 1 e 24 1 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 1 1 4 11 CV70 0 17449of2008 8 connectedpetitions 1 J 40 47 1 1 orits and 1 1 11e Diploma or Certiflcate111 1 1 teachers 1 1 elementary of a durationof not 1 1 lessthantwo years f 1 OR Bachelor of Elementy 1 Education EIEd9 OR 1 with Bachelorof 1 t Education6Bd or its i 1 1 School with Bachelorof 1 lVe Education6BFd or its 4 10 OR Four years 0 BSc BEci or an C0 course I Senior PUC I Masters Degreein the C5 Intennediate relevant ubject with I 1 Bachelor of Education 1 Edl or itsOR Z Two Years 1 MSc Ed course or an t course Il 0 1 1 1 r I Y NCTE has not passing of Eligibility Test 25 15 Obviously the 1 CQ 1 Secondaryor Senior Secondary for being a teacher in vmo 1 that due to amendmentmadein the Z School category It has been t Sry Rules r dated 2432008 to P4 Qm 1 1 for EligibilityTestabout 150 lac candidateshave beenrenderedas i 1 ineligible for consideredand as teacherswho are otherwise eligibleas per the framedby the NCTE Besides this the 1 of the Constitutionand VW1OUS llave referredto the proviSiOnS 1 f theSupreme Court whichshall bedealtwith byus in the succeeding paraSl Inth statement filed on behalfof offlcial Nos 1 160 1 1 1 elU e l 1 I e Y 1 Il Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 1 of2008 8 connected 12 1 C171 6 0e tr CIJ 1 e id r 1 1 P 1 have beenmade that every year on an t to 5 silbmissions t 0 forrecruitment of 5000to 8000teachersfor the average a 4 i f t 1 are lacsof degreeholderswho are schoolsrun bythe Site ofHaryana r outfrom variousinstitutions all over theco with the passmg 1 JBT and BEd The qualityof degreeholderspassmgout from such r of t V It hasbeen that passing of theEligibility 1 It has alsobeen Test is aimedat of onlygoodquality 1 1 1 farthreeEligibility Tests havebeen held in July2008 July out thatso tr candidateshave passed suchteste 2009 2009andnearly 0 C0 up beforeHonblethe 1 I 1 CD 1 Court in the case of Basic Board UPe ve UpendraRai r I have upheldthe rightof the State 3 SCC 432 and their Z eligibility for recruitmentof teachers Govemmentln 1 for various institutions after categoricalexaminingthe It has been that the 2001 as I ofNCTE on the 1 05 framed by theNCTE only mlnlmum amendedby 2003 OO academic forteachersto be recruitedin different V3 1 Z 4 institutions Those do not the riglltof the 1 1 Om additional of eligibility critia for StateGovemmentto 1 21 1 come 1 good teachersout of lacs of applintswho night 1 1 Moreover the basic by forward to seek 1 i theNCTE liave riot been or altered It has thus been that t of passing of Test as an essential the b8sic condition 1S onl to select best talent available It has been deniedthat any candidatehas been rather the StateGovemment is strivingto recruit betterquality for Govemment Schools of the Stateof Haryana The 1 1 1 i t 1 1 1 1 4 1 f 0 o J 1 tl Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 4 e k 1 S 1 13 CF1720 17449of2008 85connectedPetitions t 14 1df 1 StateofHaoanais niakingevery effolt to fllI up vacant postsbyrecruiting best teachersto meet ut he exigencyIt has alsobeen pointed out that against the 1 1 available17000vacanciesofteachersnearly50000STET passcandidatesare 1 t 4 availablefor are with the HaryanaPublic Service StaffSelectionCommission I 1 17 In the filed bythe againthe ofthe 1 r t S have been reiteratedandit has been snitted that oncethe 2001 1 4 Il 1 1 1 t 1 1 m NCTE has the minimum for a personto be 1 levelsof Schooleducationa person who possesssuch as a teacher at various 0 r 1 0 be eliglbleto be as a teacher and nobodyhasthe nt I 1 1 CD to declare such a personineligibleIt hasbeen thatbyvinue I ofthe 1993Act thereisuniformtraining in Teacherseducationthereforethere 1 Z is no needfor passing ofeligibility test All the personswho possess e 1 1 are eligibleto competeReferencehas also 4r been madeto Rellation 40fthe 2001 which that all 1 1 should1ng amendmentin their recruitmentrulesin terms of the 1 the States 00 2001 40fthe 2001 readsthusl 7 1 Z Qm e1 Exi5tingRecruitmentRules bemodifiedwithin a periodof 3 may year so as to bring them in conformitywith the 1 in Schedule In the meanwhileteachers as f 1 e xisting Recruitment subsequent to the issue of Il 1 Per will be required to acquirethe as thes in the Schedule 1 1 1 judgment 18 It hs tllrther been 1 ofHonble the Supreme Court in Rais case Csupra9 is not applicable to 1 1 1 1 1 1 9 cl 7 9 n 17 25 0r 9 4 i Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document t 1 01 Y8Vo 17449of2008 8 connectedpetitions 14 3 D 0 L41 factsofthe presentcase According to themthe framedbythe the 1 NCTE were nevel thenotice of Honble the Supreme Court in the saidcase In par 23 of the it has been on the basisof 1 1 r i 1 1 1 V information the Rightto Information Act 2005 thatonly5Io candidateshave ableto pass the EligibilityTest on their own and the were grntedgracemarksenabling themto passtheEligibilityTest 19 issue whichhas beenraisedin the 81edby the m Q that t guestteacherswere earlier relaxationfrom 1 0 the EligibilityTest However the said relaxation has been 00 disallowedby Court 15000 workingteachers ineligibleto I CD i for the poststheyhad applied for It hasbeen thalch 1 1 1 Il guest teacherswould lose theirjobs whenselectionoftealers on regular basis 1 1 V t 1 Z 5r wouldbe 0 20 Theletitioners havealso filed additional informationbyfilingCM r 1 No 8139 of 2010placing on record the statistics with regardto STET 08 1 Examinations and positionofteachersas on 33010 6exures Pe10 CO 8ap 1 19 Theyhave also placed on record a copy of the Gazeue notiflcation m Z dated272009 by the Ministryof Law and Justice Govemment of Om India Rightof Children to Free and EducationAct 1 20096for the 2009 Act has been notified It is pertinent to mention that the 2009 beenlegislatecwith an objectthat the children ofthe age P 1 1 t group of6 to 14 lears getSee and educationand it me into force we 1A1010 Section23 of the 2009 Act prescribesthe qualiflcationfor erms and conditionsofservice ofteachers andreadsthusl 1 23 I Qualificationsfor appointment and terms and conditions of service of teachers 619 person such minimum 1 t 1 n701e 2 n7 nn 4Irl e Il 1 Suresh Kumar 2014.03.31 10: 59 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 CTyNo17449 2008 connectedpetitions 15 1 C 1 r b as laid down byan academicauthorityauthorisedby the CentralGovemment by noti6cati0n shall be eligiblefor 1 as a teacher 1 1 Il 429 Where a Statedoes not have adequate lnstitutlons i 1 1 1 offeringcourses or trainlng111 teachereducation l or teachers 1 4 il as laid down undeisubwsection possessingminimum 1 1 919are notavaiIablein sufflcient numbers the Centralgovemment 1 4 1 it deemsnecessary by notiflcation relax the minimum Q for as a teacher for such 0 0 t perionot exceeding 8ve years as maybe in that 1 C5 1 notificationl 4 r r I Provided that a teacherwho at the commencementof this Z doesnot possessminimum as laic down under Act 0 subection19shallacquiresuch minimum within a 1 1 I C45 1 3 The salaryand allowancespayable to d the tems no 1 of service of teachersshall be such as may be and am 1 Z 1 4 CL In para 13 of the said it has also been stmedthat the 21e bythe GuestTeachers issued a letter llated372009grantingthem from passing the 4 1 4 1 1 1 Te The saidlettewas challenged before this Courfin CWP No 1 4562 of 2009 and other connectedpetitionsA Division Bench of this Court 1 1 allowedthe writ petitionsand set asidethe order granting to the P Guest Teach6rs the EligibilityTest vide order d1lted6A20 10 i 1 The Guest then filed CivilAppealNo 9247 of2010 6Gurpal SinghVe 1 n r rn3a Pe