407 al 9 4Pr INTHE HIGH CO OF PUNJAB AND HARYANA AT CHANDIGARH CWPNo174490f2008 connectedcases DateofDecisionlNovember29 2010 VijayKumar and others Oetitioners Versus 1 StateofHaryana andothers 1 C e e 0 CORAM HONBLE MRe JUSTICE MMe KUMAR 0 HONBLE MRe JUSTICE AeN JINDAL C5 Presentl Mr GopalKrishan Chatrath SeniorAdvocate with Ms Alka ChatrathAdvocate and Mr GP SinghAdvocate Z for the Mr RameshwarMalik Addl AG Haryana Q With Ms Mamta Singhal Talwar Asstt AG Haryana Mr Namit Kumar Advocate Mr RC Malik SeniorAdvocate with L0 Mr Kohal Dev Sharma Advocate Z Nlr JagbirMalik Advocate for the 00 1e To bereferredto theReporters or not 7 Z 2 Whetherthejudgment shouldbereported in the Digest2 MM KUMAR 3 r 1e This order shalI disposeof a bunch of 10 involving 4 common of law andfacts However the factshavebeenrefened from CWP No17449of2008 2 The Guest Teachersworkingin the HaryanaEducation Depanment have flled the instant petitionunder Article 226 of the Constitution challenging amendmentsmade in the statutoryrules vide impugned notifications dated 4 Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 408 3WPNo 17449of2008 c connectedpetitions 2 C2 b 2432008 Pevlto P4 Furtherchallenge has been madeto the 1SSuance of for holding StateTeachers EligibilityTest or brevity the Eligibility Test as also advertisementdated 1382009 6Pm8 passing of the EligibilityTest as an essentialcondition for recruitment of teachersof all Still 8lrthera prayer has been made for directing the oftlcial to considerthe for against theposts which have been advertisedvide advertisement dated 1382009 without m the conditionofhavingpassed theEligibilityTest 0 3 At the outset the contour of factual matrix may be noticed In the 40 of Education Haryanathere are differentset of Rulesregarding 5 recruitment ofTeachers to GrouIBand GroupwC posts These Rules are known C astheHaryanaPrimaryEducatioIo District Cadre ServiceRules 1994 Z for brevitythe ServiceRules of 1994 which were amendedby the Haryana Q Education District Cadre Service Rules 2003 or brevity Cr the 2003 Rules9 TheseRules govem the conditions of service of Primary L0 Z Teacherssuch as Head Teacher and Junior Basic Trained Teacher The Ct C10 conditions and recruitment of Middle School 4r V Headmasterand Masters in various subjects such as PunjabiHindi Sanskrit Z PhysicalTrainingInstructors etc are provided by theHaryanaStateEducation tl SchoolCadre Group ServiceRules 19986forbrevitytheServiceRules of 19989The HaryanaStateEducation OSchool and Inspection Cadre9 roup B Service Rules 1998 for brevity School and InspectionCadre Rules9also prescribecertalll conceming and conditions of servlce of persons recruitedto the Grou3 Service of Education Department such as Assistant Director District Education OfflcerlSub Divisional Education Offlcer SpecialistBlock Education Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 409 CWP No 17449of2008 connectedpetitions 3 0 1 t Officer andHeadmasterofHighSchoollJunior Assistant Otherthanthis the Rules called theHaryana StateEducation Lecturer School Cadre ServiceRules 1998 or brevitythe SchoolLecturer Rules relateto the and conditionsofservice ofthe School Lecturers 4 The haveclaimedthattheypossess andvarious VlZ 1042 JBTIDEdIETT or BIBc and BEd or MAIMScMEd etc with more than 50 mas and fulfill the U r prescribed Onder the aaforementionedstatutoryRules for beingappointed as 0 Teachers In para 20f the petition a detailedchart has beenprepared showing 0 the educational bythe and of the postsfor which theyare eligible e1 5 The averments made in the petition show that more than 15000 Z vacanciesof teachersexist in the Stateof HaryanaHowever the teachershave Q not been appointed in Il strengthIn the year 2001 the State of Haryana r transferredthe primaryschools to the Zila Parishadsvide notiflcationdated C3 Z 3032001 which was rescinded by another notiflcationdated 1 Clo 102005 The StateofHaryana also decidedthatthe teachersappointed in the J schoolsduringthe periodby the Zila Parishadswould be required Z to quali a test Their for was raised from 12 to L1 lUS lt 1S allegedthat an attempt was Inadeto decreasethe number of teachersrecruitedbytheZila Parishads 6 In 2005 with a view to cope up with the scarcityofteachers the State of Haryanadecided to make of Guest Teachers On 17122005 an advertisementwas issued for appointment of Guest Teachers The power to make of Guest Teachers was to the District Education Offlcers Block Education Offlcers and the Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 410 WP No 17449of2008c0 connectedpetitions 4 IO 7 of theconcemedinstitutions A largenumberofGuest Teacherswho were trainedand qualified were The were also as Guest Teachersin December2005 7 The Board of School Education HaryanaBhiwani issued a prospectus on the basisof the decision of the Stateof Haryanato introducean eligibilitytest for school teachersetc The trainedand qualifiedteachersflled CWP No 12599 of 2008 6VijayKumar and others v State of Haryanaand 1 0 others in this Court the saidprospectus and the actionof the State 0 of Haryanastipulating passingof EligibilityTest as an essentialconditionfor CA0 recruitment to all ofpostsofteachers It is claimed bythe CD that after issuance of notice of motion by a Division Bench of this Coun on 4 2232008 theStateofHaryana amendedthestatutory Rules byissuing separate Z notiflcations dated2432008 6exures Pmlto P49 In AppendixB ofall the v Q statutory Rules viz the School and Rules the School Lecturer Rules the Service Rules of 1994 and the Service Rules of 1998 the of a5 Certiflcate of havingqualifiedSchool Teachers EligibilityTest TET has Cf1 C beeninsertedAnnexuresP1 to P9 Anothernotication dated2772008 has 7 Z also been issued to amend para 2 of the earlier notitlcation dated 17A2008 Qm which is to the effect th the pass percentagefor candidates belonging to General categoriesshall be 50Io andforScheduledCaste candidates451for consideration for recruitment as teachers by Haana Sta Selection l Commissionfor GovernmentSchools in Haryana It has furtherbeenstipulated 0lat thenumberofchancesto appear andpassthe test which an can avail would be restricted to three ln case of General Categorycandidates and four zn case of Reserved Categorycandidates 0Anne On 2512008 when the aforementionedwrit petitioncame up for consideration the Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 411 yTPNo 17449of2008 connectedpetitions 5 7 cl DivisionBenchpassed thefollowingorderl U This writpetition hasbeenfiled with a prayer to quash action of no 5 to issue a to hold the StateTeachers EligibilityTest 6STET It 1S contentionof counsel for the that the abovesaid test has been fixed without any prOVlSlon for the same in the service rules the to the postsof Masters Teachers and Lecturers in m r Schoolsin the StateofHaryana 0 Noticeofmotion was issuedin this case on July22 2008 In C40 to notice short replyhas been flled whereinit hasbeen CD statedthat intentionto amendthe servicerules was bythe r State Government by issuingnotificationdated April 17 2008 Z Therealter the above said prospectus was issued Admittedly Q amendment in the Rules have beeneffectedand notifledonlyon July24 2008 it is contentionof counselfor the that 08 10 once therewas no provision in the rules to hold any eligibilitytest e it was not open for the to issue any prospectus to mma Z conduct any test Cle Alter hearingcounsel for the parties we were satisfledwith the argumentraisedby counsel for the We were goingto restraln the from conducting the Il4 r testingquestion till the next dateofhearingAt this stageAdvocate GeneralHaryanaassistedby Shri SanjeevBansal Advocate on gettinginstructionsfrom Mr AnuragRastogiDirector Education Haryana very fairly states that the respondents withdrew the prospectuslIl questionthey will issue fresh Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 412 WP No 17449of2008 8 connectedpetitions 6 t tl prospeus if needbe It is furtherstatedthat in case Government 1 decidesto holdthe test movedbyall thecandidatesin 4 r respect to the earlier prospectus issued shall be considered valid t and theyneed not applyafresh Petitioners if so advised may 1 applyaain ln that event fee alreadypaidby them shall be 1 4 11 In Vlew of the statement made this wnt petitionhas 1 1 becomeinuctuousand the same is disposedof ImT 0 Petitionersif so advised may laychallenge to the notiflcation now 1 4 5 C issued by the Government effectingamendmentin the service 0 t rules 99 i i 5 8e Againa prospectushas been issued by the Board of School mrm S 1 Education HaryanaBhiwani in referenceto notiflcationsdated17A2008 and 91 e 1 2472008 issued bylthe State of Haryana In the prospectusit has been A mentione thatpassing of theEligibilityTest would be an essential condition for of all of teachers The prospectus also Cl 4 Z containsthe schemeof test syllabus for EligibilityTest of different 1 of teachers schedule and eligibilitycriteria etc The last date of receiptof 00 1 r3 for EligibilityTests was fixed as 1992008 The EligibilityTests 4 4 for differentcategor of teachersVlZe Heads Teachers Lecturers Om Il 4102008 to 12102008 0exure P 4 9 It is als pertinent to mention here that the Stateof Haryanahas 1 been advertising varlous postsofteachers from time to time Accordingto the petitioners one such advertisementwas issued on 2032006 0AnnexurePe79 Some of the petitioners and other similarlysituatedpersonswere eligiblefor respectivepostsas pr the prescribed in the said advenisement 4 t 1 i1 1r 1 1 4 Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 413 CWP No 17449of2008 c connectedpetitions 7 1I However the couldnot be made becauseof litigationwhich had beengoingOIl 111Honble theHighCourt as also Honble the Supreme Court However with theadventofpassing ofEligibility Test as an essentialcondition such personsincluding the havebeenrenderedineligible 10 It is in the of above factualposition thatthe flled CWP No 17449of2008 However afterissuanceofnoticeofmotion and filingof replyby the in pursuanceto a sent by the 1 C Education Haryanathe SelectionCommission6for 0 brevitythe Commission has issued a freshadvertisementNo 412009dated C3 1382009 inviting for flllingup 9647postsofJBT Teachers 1276 C5 postsof Science Masters 237 postsof DPE Masters 1037 postsof Math Masters 372 postsof SS Masters 20 postsof Music Masters and4 postsof Z lcr HomeScienceMistresses Thelast dateofsubmission formswas 2 C 1482009 In the said advertisementpassingof EligibilityTest has been r mentioned as an essential qualification for to the said posts 08 Annexure P8 In order to lay challenge to the said advertisementhe 0 petitioners amendedthewrit petition mm Z ll The primarygrievance of the petitioners is that the actionof the rJ offlcial in thecondition of passingof Eligibility Test 1S lll contraventionof the under the 8amed by the National Council for TeachersEducation or brevity NCTE which hasbeen constitutedand establishedunder the National Council for Teachers Education Act 1993 or brevitythe 1993Act1 Referringto 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 Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document r 1 No 17449of2008 connectedpetitions 8 1 4 r 0 t lrther ctionsofthe NCTE andclothedit with the powerto lay down in respectof minimum for a personto be asa teachr in schoolsorin institutionsNCTE also lays down norms for a categoryof courses or tralmngslIl teacher educationiIicludinghe mlnlmum criteria for admissionthereofand 1 e5 themethodof selectionof candidatesdurationof the course course contents 1 1 1 andmode of curulum It has also the power to mlnlmum vnw 1 for a erson to be teacherunder clause of 0 as a 1i 1 10 Section12 of the Act to the the NCTE is like an Apex 4 0 t Bodyinasmuch as without its recognition in terms of Section 14 of the 1993 1 1 1 C5 Ac institutioncould start any new course or tralnlng 111 teachers 11 no even 11 4 4 education Z frther that under clause O6i9of Sube r 12 It has been e 1S1 Ir Q section2 of section32 read with Section126dofthe 1993Act theNCTE haS jl 1 1 1 1 4 I l namelythe National Council for Teacher Education 1 framed 1 1 O 1 of Alinimum for Recruitmentof Teachersin lX 1 1 r 2001 6forbrevity the 2001 which came 1 1 rm 21 t lIltO wef 492001 The 2001 are for 1C recruitmentof teachers in all formal schools established run or aided or 1 l l1 by the Central or StateGovemments and other authorities for Il 1 Il education and upper schoo 1 4 t 4 1 secondary a8d senior secondarystagesIgulation 3 providesfor 1 1 1 for recruitment of tachers in educational institutions as givenin First and i 1 1 Second Scheduleaplded to the RegulationsIt has ther been statedthat the 1 1 prescribed in the First Scheduleapplyfor recruitmentof teachers i for teaching school whereasthe prescribed in the Second Il It t Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 415 VPNo 17449of2008 connectedpetitions 9 f 7 tWV t7 Schedule for recruitmentof teachersfor PhysicalEducation However forrecruitmentof teachersfor colrricular activitiessuch as work art educationetc existing as by the concemed would apply ofteachersfrom one levelto the next level of teachingmlnlmum as givenin the Schedulesfor the concemedlevel wouldberequired 13 Basedupon the in the2001 it 1 has been assertedthatfor of ElementaryTeachersthe requisite Ir 0 is Senior School Certiflcateor Intermediateor its 0 and Diploma or Certiflcatein BasicTeachers Trainingof a duration Z 9 ofnot lessthan two years or Bachelor Education 6BEIEc For to thepostofUpperPrimaryTeacher iddle SchoolSection the Z is Senior Certiflcate or Intermediateor its 0 and or Certificate in Teachers Trainingof a duration of not less than two years or Bachelor Education c 6BEIEdJFor to the postof Secondigh SchoolTeacher the r C is Graduatewith Bachelor ofEducation BEdl or its or 7 Z Four Years Bc BEd or an coursee Similarlyfor C appolntment to Senior Secondatermediate Teacher the qualication 1S MastersDegreein the relevantsubject with Bachelor of Education 6BF19or its or Two Years MSc BEd course or an For recruitmentof teachersof PhysicalEducation Institutions for Elementary Teacher the qualification is Senior School Certiflcate or Intemediate or its equivalent and Certificatein PhysicalEducation 6CPFl9 of a durationof not less than two years or its For appointment in School the qualiflcation is Graduate with Bachelor of PhysicalEducation Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 416 WP No 17449of2008 8cconnectedpetitions 10 1 r2 BPEd or its equivantandfor in Senior ysical Educationas an elective the is MPElMPEd 62years duration 14 The 2001 were amendedvide National Council for TeacherEducation of Minimum for Recruitment ofTeachersin Schools9 2003 or brevitythe2003 and the followingnunlmum academic and m C1 havebeen in theScheduleto these 0 Qualiflcationsfor recruitment of teachers lIl educational CA0 institutionsmentionedin Section20fthe CD Level Minimum Academic and Professional le Prechooll NurserFor 1a SchooClass Z children in the age group Ten9 Certificate or its of4m6 years equivalent and 11 in Pre Ir School teacher education of a durationof not lessthan one year 06 11e PreSchooll Nurseryle School ass followed by first two Twelve Certiflcate or ClO yearsin a formalschool Intermediate or its C for children in the age with at least 93 Z group of 46 and 6 45Io marks and years9 m 11 lIl Nurseryteacher education of durationof not less thantwo yearSe 1110 le Senior Second School a Primary Certificateor Intennediate 1d or its equivalentand 11e Diploma or Certiflcate in basicteachers training or a duration of not less than two years OR Bachelor of Elementary Education B EI Ed b Upper Primary le Senior Secondary OMiddle School Section9 Certiflcate or Intermediate Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 417 VP No 17449of2008 connectedpetitions 11 Ce r5 or its and 110 Diplomaor Certiflcate in teachers training of a durationof not lessthantwo yearSe 1 OR Bachelor of Education6BEIEd9 OR Graduatewith Bachelorof Education 6BEd or lts equivalent lVe School Graduatewith Bachelor of 1 Education BF or its Q OR 0 Four years 4 BSc Bl or an course C Ve Senior PUC I Masters Degreein the Intermediate relevant ubject with Bachelor of Education C 6Ed or its Z OR Two Years V IVLSc Ed course or an C equivalent course 75 08 15 Obviouslythe NCTE has not prescribed passing of EligibilityTest 0 C for beingappointed as a teacher in Primaly or Senior Secondary 1m Z School category It has been claimed that due to amendmentmade in the tl Statutory Rules by impugned notiflcations dated 247008 to P for EligibilityTest about lO lac candidateshave beenrenderedas ineligiblefor beingconsidered and appointed as teachers who are otherwise 4 1 eligibleas per the Regulationsframed by the NCTE Besides this the have also referredto the provisions of the Constitution and vanous ofHonble the Supreme Court which shall be dealt with byus in the succeeding parasl 16 In the writtenstatement filed on behalfofofficial respondentNos 1 Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 418 CWPNo 17449of2008 connectedpetitions 12 1 C to 5 submissions havebeenmade that every year on an averagethereis a for recruitmentof 5000to 8000 teachersfor the schoolsrun bythe Stateof HaryanaThere are lacs of degreeholderswho are out from variousinstitutionsall over thecountrywith the of J13T and BEd The qualityof degree holderspassing out from such institutionsdiffers drasticallyIt has beenaverredthatpassing of theEligibility Test is aimed at recruitment of onlygoodqualityteachers It hasalso been 1 C pointedout thatso far threeEligibilityTestshave beenheld in July2008 July 0 2009 and December 2009and nearly500001 candidateshavepassedsuch test O It has beenhighlighted that a similar controversy croppedupbeforeHonble the CD Supreme Court in the case of Basic Education Board UePeve UpendraRai 4 200893 SCC 432 and their have upheldthe rightof the State Z Government in the eligibilityconditionfor recruitmentof teachers r for variouseducationalinstitutionsafter examining thejurisdiction Cl of NCTE on the subjectIt hasbeensubmittedthat the 2001 as ot5 amended by 2003 framedbythe NCTE onlyprescribe mlnlmum 0 e academicand for teachersto be recruitedin different emao Z educationalinstitutions Those do not precludethe rightof the 11 State Govemment to prescribe additional of eligibilitycriteriafor selectinggood qualityteachers out of Iacs of applicants who mightcome fo to seek Moreover the basic qualiflcations by the NCTE have not been changed or altered It has thus been that the basic objectiveof passingof EligibilityTest as an essential condition is only to select best talent available It has been denied that any candidatehas been debarredrather the StateGoveent is strivingto recruit betterqualityteachersfor Govemment Schools of the State of Haryana The Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document No 17449of2008 e connectedpetitions 13 Stateof Haryana is makingevery effort to flll up vacant postsbyrecruiting best teachersto meet out the It hasalsobeenpointed out thatagainst the available17000 vacancies ofteachersnearly50000 STET pass candidatesare availablefor which are pending with the HaryanaPublic Service StaffSelectionCommission 17 In the flled bythe againthe of the 2001 have been reiteratedand it has beensubmittedthat once the m 0 NCTE hasprescribed the mlnlmum for a person to be appointed 0 as a teacherat various levels of School education a person who possesssuch 0 qualiflcation would be eligibleto be employed as a teacherandnobodyhas the C5 powerto declare such a personineligibleIt has been thatbyvirtue 4 ofthe 1993Act thereis uniformtraining in Teacherseducationthereforethere Z is no needfor passingofeligibilitytest All thepersonswho possess r1 theminimumrequired are eligibleto competeReferencehasalso 4r been madeto Regulation 40fthe 2001 which thatall 08 the Statesshould bringamendmentin their recruitmentrules in terms of the C10 c 2001 40fthe2001 readsthus am3 Z Regulation4ofthe 2001Regulations Qm ExistingRecruitmentRules may be modifiedwithin a periodof3 yearsso as to bringthem in conformity with the prescribed in Schedule In the meanwhile teachers as 14 per existingRecruitment to the issue of theseRegulationswill be required to acquirethe as prescribed in the Schedule 95 18 It has furtherbeencontrovertedbythepetitioners that thejudgment ofHonble theSupreme Court in Upendra Rais case pra is not applicable to n r71 t Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 420 P No 17449of2008 connectedpetitions 14 Il 1 5 the factsof the presentcase According to themthe framedbythe NCTE were never brought to the notlce of Honble the Court in the said case In para 23 of the replication it has been highlighted on the basis of informationreceived under the Rightto InformationAct 2005 that only5Io candidateshave been able to pass the EligibilityTest on their own and the were granted gracemarksenabling themto passtheEligibilityTest 19 Anotherissue which has been raisedin the replication flled bythe 1 Q petltloners1S that the guest teachers were earlier grantedrelaxation from 0 qualifyingthe EligibilityTest However the said relaxation has been CA0 disallowed by this Court rendering15000 workingteachers ineligibleto CD compete for the poststheyhad appliedfor It has been that such guestteacherswouldlose theirjobs whenselectionofteachers on regularbasis Z would be 2 Q 20 The havealso flled additionalinformationbyfllingCM No 8139 of 2010 placingon record the statistics with regardto STET 06 Examinations and vacancy positionofteachers as on 33010 nnexures P CQ c Pl l Theyhave also placedon record a copy of the Gazettenotiflcation mv Z dated 2782009 issued by the Ministryof Law and Justice Govemment of India whereby the Rightof Childrento Free and Compulsory EducationAct 2009 for brevity the 2009 Act9 has beennotifled It is pertinent to mention that the 2009 Act has been legislated with an objectthat the children of the age groupof6 to 14 years getfree and compulsory educationand it came into force wef lA2010 Section 23 of the 2009 Act prescribes the for appointment and terms andconditionsofservice ofteachers and readsthusl 23 Qualiflcations for and terms and conditions of service of teachers l9 Any person possessingsuch Inlnlmum Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 421 INPNo 17449of2008 c 1 as laiddownbyan academic auorised by the Central Govemment by notification shall be eligiblefor as a teacher 629 Where a State does not have institutions offeringcourses or tralnlngin teacher education or teachers as laid down under sulsection 91 are not available in sufflcient numbers the Central govemment 1 0 ma if it deemsnecessary by notiflcation relax the niinimum 0 requiredfor as a teacher for such C period not exceeding five years as may be in that C notiflcatiolll Providedthat a teacher who at the commencementof this Z Act does not possessnunlmum as laid down under 0 submsection shallacquiresuch minimum within a periodoffive years 08 39 The salaryand allowancespayableto and the terms C Ct and conditionsof service of teachers shall be such as may be ea 1 Z prescribed 21 In para 13 of the said application it has also been statedthat the StateGovemment in recognition ofthe servicesrenderedbythe Guest Teachers issued a letter dated 32009 grantingthem from passingthe n EligibilityTest The said letter was challenged before this Court in CWP No 4562 of 2009 and other connectedpetitions A Division Bench of this Court allowed the writ petitionsand set aside the order grantingexemptionto the Guest Teachers from passingthe EligibilityTest vide order dated 6A2010 The Guest Teachers then filed Civil AppealNo 9247 of 2010 GurpalSinghV Singh Gagan Preet 2014.04.12 12: 04 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 422 VP No 17449of2008 85connectedpetitions 16 llJ l Stateof HaryanaHonble the Supreme Court considering the fact that in of advertisementdated1862009 the selectionprocesshas already commencedand the Guest Teacherswho were not parties beforethe Division Benchof the HighCourt have also applied for selection has granted libertyto themto in the selectionprocessbut their final result would not be declaredtill Irtherordersofthe Court vide order dated1562010 22 Mr GopalKrishan Chatrath leamed Senior counsel for the m Q has arguedthat the quali6cationof passingthe 0 eligibilitytest would not be on the Guest Teachersbecausethey 0 were recruited in December2005 whereasthe qualiflcation has been addedby C5 wayof amending statutoryServiceRules of 1998 Schooland Inspector Cadre C Rules SchoolLecturer RulesandtheServiceRulesof 1994and the2000Rules Z Accordingto the learned counsel in the advertisementfor regularrecruitment 0 such a cannot be to nonsult the Guest faculty C Referring to anotherfacet of his argumentMr Chatrathhas submiUed t the 06 wererecruited as Guestteacherswhen ConstitutionEightySixth9 ClO C AmendmentAct 2002 was notifled and by way of amendmentArticles 21 2 Z and 51Ak9were added Clm 23 Mr Chatrath has made another