407 19 6 4r IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No 17449of2008 c connectedcases DateofDecisionl November29 2010 VijayKumar and others Petitioners Versus StateofHaryana and others 0 CORAM HONBLE MR JUSTICE MM KUMAR 0 HONBLE MRe JUSTICE AeNeJINDAL 9 Present Mr GopalKrishan Chatrath SeniorAdvocate with Ms Alka Chatrath Advocate and Mr GP SinghAdvocate Z for the Mr RameshwarMalik Addl AG Haryana Q With Ms Mamta Singhal Talwar Asstt AG Haryana er Mr Namit Kumar Advocate Mr RK Malik SeniorAdvocate with C Mr Kohal Dev SharmaAdvocate Z Mr JagbirMalik Advocate for the CO 1e To bereferredto the or not2 7 Z 2 Whetherthejudgment shouldbe reported in the Digest2 Qm lVI1140 KUMAR 3e 4 le This order shall disposeof a bunch of 10 petitionsinvolving 1 common questions of law and facts However the factshavebeenrefened from CWP No17449of2008 2 The Guest Teachersworkingin the Haryana Education have filed the instantpetitionunder Article 226 ofthe Constitution amendmentsmade i1i the statutoryrules vide impugned notiflcations dated Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 408 WPNo 17449of2008 0 connectedpetitions 2 441 2432008 P1 to P49 Further has been madeto the of for holdingStateTeachersEligibilityTest for brevity 1SSuance the Test as also advertisementdated1382009 0P of the EligibilityTest as an essentialcondition for recruitmentof teachersofall Still further a prayerhas been made for directing the official to considerthe for against theposts whichhave been advertisedvide advertisementdated 1382009 without m tr the condition ofhavingpassed theEligibilityTest 0 3 At the outset the contour of factualmatrix may be noticed In the 0 of Education Haryanathere are different set of Rules C of Teachersto andGrouC posts TheseRules are known asthe PrimaryEducation DistrictCadre ServiceRules 1994 Z for brevitythe ServiceRules of 1994 which were amendedbytheHaryana l Education6Group District Cadre ServiceRules 2003 or brevity the 2003 Rules9These Rules govern the conditionsof service of Primary Z Teacherssuch as HeadTeacher and Junior Basic Trained Teacher The conditionsand recruitment of Middle School 00 Headmasterand Masters in various such as PunjabiHindi Sanskrit mmo Z Training Instructorsetc are provided bythe Haryana StateEducation Om SchoolCadre ServiceRules 1998 or brevitytheServiceRulesof 1998 The HaryanaStateEducation Schooland Inspection Cadre96GroupB9 Service Rules 1998 or brevity School and Inspection Cadre Rules9also prescribecertam conceming and conditions of service of personsrecruited to the GroupeB Service of Education Department such as Assistant Director District Education OfflcerlSub Divisional Education Officer PrincipallSeniorSpecialistBlock Education Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 4097P No 17449of2008 8 connectedpetitions 2 4 0fcerandHeadmasterofHighSchoollJunior ASSiSte Otherthanthisthe Rules calledtheHaryanaStateEducationLecturer School CadreServiceRules 19986forbrevitythe SchoolLecturer Rules9relateto the and conditionsofserviceofthe SchoolLecturers 4 The haveclaimedthattheypossess andvarious VlZe 1042 JBTIDiETT or BAIBSc and BEd or MAIMSc MEd etcewithmore than50Iomarksand llflll the 1 0 under the aforementionedstatory Rules for being as 0 Teachers Inpara 20f the petition a detailedchart has been showing 0 theeducational bythe and of the 5 posts for which theyare eligible 5 The averments madelIl thepetitionshow that more than 15000 Z vacancles ofteachersexist in the State of HaryanaHowever the teachershave Q not been in 8111strengthIn the year 2001 the State of Haryana transferredtheprimaryschoolsto the Zila Parishadsvide notificationdated C0 Z 3032001 which was rescindedby another notiflcationdated 102005 The StateofHaryana also decidedthat the teachers in the QO the interregnum periodby the Zila Parishadswouldbe aw schools Z to qualify a test Their for was raisedfrom 1042 to 0m Thus it is allegedthat an attempt was madeto decreasethe numberof teachers recruitedby the Zila Parishads 6 In 2005 witha view to cope up with the scarcityof teachers the State of Haryanadecided to make of Guest Teachers On 1722005 an advertisementwas issuedfor of Guest Teachers The power to make of Guest Teachers was delegatedto the District Education Officers Block Education Offlcers and the Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 410 4 PNo 17449of2008 c0connectedpetitions 1 P ofthe concemed institutions A largenumberof Guest who were trainedandqualifled were The were also as GuestTeachersin December2005 7 The Boardof School Education HaryanaBhiwani issued a prospectus on thebasis of the decision of the Stateof Haryanato introducean test for school teachersetc The trainedand qualified teachersSled CWP No 12599 of 2008 VijayKumar nd others v State of Haryanaand others in this Court the said prospectus andthe action of the State tr 0 of Haryana passingof EligibilityTest as an essentialconditionfor 0 recruitment to all ofpostsofteachers It is claimedby the C5 that afterissuance of notice of motion by a Division Bench of this Court on 4 2232008the StateofHaryana amendedthestatutoryRulesbyissuingseparate Z notifications dated 2432008 exures PmltoP 4 In Appendix B ofall the e 0 Rules viz the School and Rules the School Lecturer Rules theService Rules of 1994 and the ServiceRules of 1998 the of 08 ofhavingqualified SchoolTeachersEligibilityTest ET has r12 c beeninsertedAnnexuresPml to P4 Anothernotificationdated2772008 has mwo Z also been issued to amendpara 20f the earliernotiflcation dated 17A008 0m which is to the effect 1at the pass percentagefor candidates belonging to Generalcategories shall be 50IoandforScheduledCaste candidates45Io for considerationfor recruitment as teachersZoyHaryana Staff Selection Commissionfor Government Schools in Haryana It has beensated lat the numberofchancesto appear andpassthe test which an eligible person can avail would be restricted to three in case of General Categorycandidates and four zn case of Reserved Categorycandidates nne P On 2572008 when the aforementionedwrit petitioncameup for considerationthe Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 411 IP No 17449of2008 connectedpetitions 5 c DivisionBench passed thefollowingorder 44 Thiswrit petition has beenflled with a prayerto quash actlon no 5 to lssue a to hold theStateTeachers EligibilityTest STET9 It 1S contentionof counsel for the that the above said test has been flxed without any prOVlSlOnexisting for the same in the service rules regulating the to the postsof Masters Teachers and Lecturers in m C Schools in the StateofHaryana 0 Noticeofmotion was issuedin this case on July22 2008 In CAO responseto notice short replyhas been flled wherein it has been CD statedthat intentionto amendthe servicerules was bythe Z r StateGovemment by issuingnotiflcationdated April 17 2008 Z Thereafter the above said prospectus was issuecl Admittedly L amendment in the Rules have been effected and notifled onlyon July24 2008 lt 1S contentionof counselfor the that 08 ClQ once therewas no provision in the rules to hold any eligibilitytest C it was not open for the to lssue any prospectus to mW Z conduct any test tl After hearingcounselfor the parties we were satisfledwith the argumentraisedby counsel for the We were goingto restrain the from conducting the r 1 testingquestiontill the next dateofhearingAt this stageAdvocate General Haryanaassisted by Shri SanjeevBansal Advocate on gettinginstructionsfrom Mr AnuragRastogiDirector Secondary Education Haryana very fairly states that the respondents withdrew the prospectuslIl questiol they will issue fresh Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 1 412 WPNo 17449of2008 00connectedpetitions 1 4 30 1t if needbe It ilrther statedthat in case Government t decidesto hold thetest movedbyall thecandidateslIl 1 4 1to the earlier prospectus issued shall be considered valid 1 and theyneed not applyafresh Petitioners if so advised may that event fee alreadypaidby them shall be applyaain lIl 1 11In view of the statement made this writ petitionhas 1 become and the same 1S of m C Petitionersif so advised may laychallenge to the notiflcation now D Il 0 issued the Government effectingamendment in the service a 4 1 rules 59 45 1 8 Again a prospectushas been issued by the Board of School 32 11 HaryanaBhiwani in referenceto notificationsdated17A2008 and Z 1 2472008 issued the State of Haryana In the prospectusit has been Il C mentionedthatpassing of theEligibilityTest wouldbe an essential 1 conditionfor of all of teachers The also 1 C 1 1 Z containsthe schemeof test syllabus for EligibilityTest of different 1 1 The last date of receiptof CQ of teachers schedu16and eligibilitycriteria etc 4 U for EligibilityTests was fixed as 1982008 The EligibilityTests Z D for differentcategor of teachersviz Heads Teachers Lecturers Qn andMasterslMistresses were scheduledto be held on different datesbetween i 4102008 to 1210208 6exure P 1 9 It is to rneiltion here that the State of Haryanahas 1 been advertising vanous postsof teachersfrom time to time Accordingto the one such advertisementwas issued on 203006 64nnexureP79 1 t 4 Some of the petitiors and other similarlysituatedpersons were eligiblefor 4 1 respectlvepostsas pr the prescribed in the said advertisement 1 l 1 1 1 d Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 413 CWP No 17449of2008 connectedpetitions r4 However the could not be madebecauseof litigation whichhad beengoingOll ln Honble the HighCourt as alsoHonble the Cou However with theadventofpassing ofEligibility Test as an essentialcondition suchpersonsincluding the havebeenrenderedineligible 10 It is in the of abovefactualposition that the flled CWP No 17449of2008 However after issuanceofnotice ofmotionand filingof replyby the in pursuanceto a sent by the 1 tr Education Haryanathe Haryana Staff Selection Commission6for 0 brevitythe Commissiot hasissueda fiesh advertisementNo 412009dated 0 1382009 inviting for fillingup 9647postsofJBT Teachers1276 C5 postsof ScienceMasters 237 postsof DPE Masters 1037 postsof Math Masters 372 postsof SS Masters 20 postsof Music Masters and 4 postsof Z 4 HomeScienceMistresses The lastdateof submissionof application formswas 2 0 1492009 In the said advertisementpassingof EligibilityTest has been mentionedas an essential for to the said posts 06 ClO 1a89 In order to lay to the said advertisementhe petitioners amendedthe writ petition 7 Z 11 The primarygrievance of the petitioners 1S that the action of the Om offlcial in prescribing the condition of passingof EligibilityTestis ln contravention of the prescribed under the framed by the National Council for TeachersEducation or brevityNCTE9 which has been constitutedand establishedunder the National Council for Teachers EducationAct 1993 or brevitythe 1993Ac Referring to Section12 of the 1993 Act it has been that NCTE has been establishedfor ensunngplannedand coordinated of teachereducationand for detenninationand maintenanceof standardsfor teachereducation Section 12 Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 10 414 8 NP No 17449of2008c0connectedpetitions I V 4 1 ofthe NCTE andclothedit with the power to lay down lIl of minimum for a personto be 4 orin iristitutionsNCTE also lays asa teachr in schools 1 1 4 in teacher 1downnorms for any specifledcategoryof courses or tralnlngs n 1 education lheminimumeligibility criteriafor admissionthereofand t of selectionof candidatesduration of the course course contents the 3 11 1 andmode of curriculum It has also the power to mlnimum 1 1 1 teacherunder clause 6d9of for a erson to be as a r2 21 1 to the the NCTE is like an Apex 0 Section12 of the Act1 0 1 Bodyinasmuchas 1hout its recognition in terms of Section 14 of the 1993 51C 1 Il 5 1 Ac no institutioncould even start any newcourse or trainingin teachers 1 1 1 1 educatione 11 1 12 It has 61rtherbeen that under clause 6d96of V 1 Ir Lr 29of Section32readwith Section120d9 ofthe 1993Act theNCTE has 1 1 31 8amed the National Council for Teacher Education C5 1 of Minimum for Recruitmentof Teachersln CQ P C 1 Schoolsl 2001 or brevity the 2001 which came vmo Z 1 1Il lntO we 48001 The 2001 are for 1 1 or of teachers in all formal schoolsestablished run or aided 1 t 1 by the 6entral or StateGovemments and other authoritiesfor jl 1 Il education primaryand upper school 1 1 1 1 r t and senior secondarystagesRegulation 3 provides for 1 01 for recruitment of teachers 111 educational institutions as given in First and f 1 Scheduleappended to the Ithas 61rtherbeen statedthat the 1 11 t 1 prescribed in the First Scheduleapplyfor recruitment ofteachers 1 forteaching school whereasthe in the Second 1 1 r 1 1 i 1 1 Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 415 9 1 PNo 17449of2008 8 connectedpetitions C 1 J Schedule for recruitmentof teachersfor PhysicalEducation However forrecruitmentof teachersfor cocurricularactivitiessuch as work art educationetc existing as by the concemed would apply For ofteachersfrom one level to the next level of teachingmlnlmum as givenin the Schedulesfor the concerned levelwouldbe 13 Basedupon the in the 2001 it 1 has been assertedthat for of ElementaryTeachers the requisite 0 is Senior School Certificate or Intermediateor its 0 C and Diploma or Certiflcate in BasicTeachers Trainingof a duration CD ofnot lessthan two yearsor Bachelor Education6BEIFd9 For C appolntment to thepostof UpperPrimaryTeacher 6MiddleSchool Sectiorhe Z is Senior Certiflcateor Intermediateor lts 0 and Diplomaor Certificatein Teachers Trainingof a durationof not less than two years or Bachelor Education Ol BEIEd9For to thepostof SchoolTeacherthe 00 is Graduatewith Bachelor ofEducation BPI9 or its or a7 Z Four Years BSc Bl or an course Similarlyfor Clw to Senior Teacher the 1S MastersDegreein the relevant subject with Bachelor of Education 6BEd9or its or Two Years MSc BEd course or an 1 For recruitmentof teachersof PhysicalEducation Institutions for Elementary Teacherthe qualiflcation is Senior School Certiflcate or Intermediate or its equivalent and Certificate in PhysicalEducation 6Cd9 of a dation of not lessthan two years or its For appointment in SecondarylHigh School the qualification is Graduate with Bachelor of PhysicalEducation Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 416 vvPNo 17449of2008 connectedpetitions 10 0w e p4 BPEd or its andfor in Senior hysical Educationas an elective the is MPMPEd 2 years duration 14 The 2001 were amended vide National Council for TeacherEducation of Minimum for Recruitment of TeacherslIl Amendmen 2003 6forbrevitythe 2003 and the followingminlmum academicand 1 havebeen in the Scheduleto these Q for recruitment of teachers in educational 0 C mentionedin Section20fthe D Level Minimum Academic and Professional le Prechooll Nursery6Forle School Class childrenin the age group Ten9 Certiflcate or its Z of4e6years and 4 11 in Pre 0 School teacher education programmeof a durationof not lessthan one year 08 11 Prechooll Nurseryle School Class followed by flrst two Twelve Certificate or ClO years in a formalschool Intermediate or lts 6forchildren in the age with at least em group of 46 and 6 45Iomarks and Z years m 11 ln Nurseryteacher education of duration of not lessthantwo years 1110 Elementary le Senior School a Primary Certiflcateor Intermediate 1 or its equivalentand 11e Diplomaor Certificate111 basic teachers trainingora duration of not less than two years OR Bachelor of Elementary Education BEIEd9 b Upper Primary le Senior oMiddleSchoolSection9 Certiflcate or Intermediate Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 417 No 17449of2008 85connectedpetitions 11 C V d or its and 110 Diplomaor CertiflcatelIl teachers of a durationof not lessthan two years OR Bachelor of Education BFlEd OR Graduatewith Bachelor of Education6BEd or lts SecondaighSchool Graduatewith Bachelorof lVe Education6BEd or its m C OR 0 Four years 0 Bc BEd or an course V Senior PUC 1 Masters Degree in the CD Intermediate relevant subject with Bachelor of Education BEd9 or its Z OR Two Years MSc Ed course or an m course 08 15 the NCTE hasnot passingof EligibilityTest 12 for being as a teacherin Primary or Senior mwo Z Schoolcategory It has been claimed that due to amendmentmade in the Cle StatutoryRulesby notiflcationsdated 2432008 to P49 for EligibilityTest about 1501ac candidateshave beenrenderedas for beingconsideredand as teachers who are otherwise eligibleas per the framed by the NCTE Besides this the have also referredto the provisions of the Constitutionand various ofHonble theSupreme Court which shall be dealt with by us in the succeeding paras 16 Inthe writtenstatement filed on behalf of offlcial Nos l Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document It 4 418 12 2 t 0 No 17449of2008 e connectedpetitions 1 C e bee to 5 havebeenmade that every yearon an thereis a for recruitmentof 5000to 8000teachersfor the schoolsrun bythe Stateof HaryanaThereare lacs of degree holderswho are passing out from various all over the co with the of J3T and BEd The of degreeholderspassing out from such institutionsdiffers It has beenaverredthatpassing of theEligibility Test is aimedat recruitmentof onlygoodqualityteachers It has also been m out that so far threeEligibilityTests have been held in July2008 July Q 2009and December2009 andnearly500001 candidateshave passed such test 0 CaO been that a similarcontroversycropped up beforeHonble the It has C5 Court in the case of Basic Education Board UPe ve UpendraRai 20083 SCC 432 and their have upheldthe rightof the State Z the eligibilitycondition for recruitmentof teachers Governmentin C for various institutionsafter examining the of NCTE on the It has beensubmittedthat the 2001 as 08 by 2003 framedby the NCTE onlyprescribe mlnunum 0 C academicand for teachersto be recruitedin different Sm Z institutions Those do not the rightof the Clw additional of eligibility criteriafor StateGovemmentto selectinggoodqualityteachersout of lacs of who mightcome forwardto seek Moreoverthe basic qualications by theNCTE have not been or altered It has thus been that the b8sic of passingof EligibilityTest as an essential condition is onlyto select best talent available It has been denied that any candidatehas been debarredrather the State Goveent is strivingto recruit better quality teachersfor Goveent Schools of the Stateof Haryana The Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 419 TP No 17449of2008 connectedPetitions 13 Il 4 State is makingevery effort to flll up vacant postsbyrecruiting best teachersto meet outthe It hasalsobeenpointed out thatagainst the available17000 vacancles ofteachersnearly50000 STET pass candidates are availablefor which are with the HaryanaPublic Service StaffSelectionCommission 17 In the filed bythe againthe ofthe 2001 have been reiteratedandit has beensubmittedthat once the NCTE has the minimum for a person to be 0 teacher at various levels of Schooleducationa person who possesssuch 0 as a 0 would be eligibleto be employed as a teacher and nobodyhas the 0 to declare such a personineligibleIt hasbeen thatbyvinue ofthe 1993Act thereisuniformtraining in Teacherseducationthereforethere Z isno needfor passingofeligibilitytest All the personswhopossess m C theminimum required are eligibleto competeReferencehasalso beenmadeto 40fthe 2001 which that all 08 the Statesshouldbringamendmentin their recruitmentrules in terms of the lQ 2001 40fthe 2001 readsthusl m Z Regulation4 ofthe 2001Rulations W Existing RecruitmentRules may be modifiedwithin a periodof 3 years so as to bringthem in conformity with the in Schedule In the meanwhileteachers as r1 existing Recruitment subsequent to the issue of 1 per these will be required to acquirethe as prescribed in the Schedule 93 18 It has furtherbeen controvertedby thepetitioners that thejudgment ofHonblethe Court in Upendra Rais case 6suprais not applicable to Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 1 420 14 P No 17449of2008 c connectedpetitions 1 el thefactsof thepresentcase to themthe framedbythe NCTE were never to the notice of Honble the Supreme Court in the said case Inpara 23 of the it has been on the basisof receivedunder the Right to InformationAct 2005 that only5Io candidates have been ableto pass the EligibilityTest on their own and the were granted gracemarksenabling themto passtheEligibilityTest 19 issue which has been raisedin the flled bythe m theguestteacherswere earlier relaxation om petitionersis that Howeverthe said relaxation has been qualiTing the EligibilityTest 0 C by this Court rendering15000 workingteachers ineligibleto CD for the poststheyhad applied for It has been that such teacherswouldlose theirjobswhenselectionof teacherson regular basis Z wouldbe C 20 The havealso filed additionalinformationbyfllingCM No 8139 of 2010 placingon recordthe statisticswith regardto STET 08 position ofteachers as on 332010 6exures P Examinationsand C 8eP11 They have also placed on recorda copy of the Gazettenotification m Z issuedby the Ministryof Law and Justice Govemment of dated2782009 Qm India the Rightof Childrento Free and EducationAct 2009for brevitythe 2009 Act has been notifled It is pertinent to mentlOIl thatthe 2009 Act hasbeen with an objectthat the children ofthe age r of 6 to 14 years getfree and educationand it came into force 1 wef 12010 Section 23 of the 2009 Act prescribes the for and terms andconditionsofservice ofteachers andreadsthusl 23 for and terms and conditions of service of teachers 619Any person such minimum 1 1 fr e Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 421 TP No 17449of2008 connectedpetitions 15 1D 1 r as laiddownbyan academic authorisedby the Central Govemment bynotiflcation shall be eligiblefor as a teacher 29 Where a State does not have institutions offeringcourses or tralnlng111 teacher education or teachers possessingminimum as laid down under susection 919 are not availablein sufflcient numbers the Centralgovemment 1 mayif it deems necessary by notification relax the minimum C for as a teacher for such 0 A period not exceeding flve years as may be in that CD notiflcationl Providedthat a teacher who at the commencement of this Z Act does not possessllllriimum as laid down under 0 subsection 619shallacquiresuch minimum withina periodof flve yearSe oll 639 The salaryand allowancespayable to and the terms ClO and conditionsof serVlCe of teachersshall be such as may be vm 1 Z rlm 21 In para 13 of the said it has also been statedthat the StateGovernmentin recognition ofthe servicesrenderedby the GuestTeachers issued a letter dated 3 72009 them exemption from passingthe 61 Eligibility Test The said letter was beforethis Court in CWP No 4562of 2009 and other connectedpetitions A Division Bench of this Coun allowed the writ petitions and set asidethe order grantingexemption to the Guest Teachers 8om passingthe EligibilityTest vide order dated 6A010 The Guest Teachersthen filed Civil AppealNo 9247 of2010 0GurpalSinghVe n 1 41 o n l e 4 Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 422 l 2 No 17449of 20088 connectedpetitions 16 C1 b3 Stateof Honble the Supreme Court the fact that in of dated1862009the selectionprocesshas already and the Guest Teachers who were not parties before the Division Benchof theHighCourthave also applied for selectionhas libertyto them to in the selectionprocessbut their final result would not be till 81rtherordersofthe Court videorderdated1562010 22 Mr Krishan Chatrath leamed Senior counsel for the m has arguedthat the qualificationof passingthe C test would not be on the Guest Teachers becausethey 0 Ca 2005 whereasthe has been addedby wererecruited 111 C20 wayof statutoryServiceRules of 1998 Schooland Inspector Cadre RulesSchoolLecturer Rulesand the ServiceRules of 1994and the 2000Rules 4 Z to the leamedcounselin the advertisementfor regularrecruitment 0 such a cannot be to nonmsuitthe Guest faculty to anotherfacetof his argumentMr Chatrathhas submittedthat the 08 were recruitedas Guest teachers when Constitution ightySixth9 r r Amendment Act 2002 was noti6edandby way of amendmentArticles21A 7 Z and51Akwere added 1 Clm has made anothersubmissiontt by virtue of 23 Me those ndidateswho have the trainingcertificatesand degrees as per the norms and flxedbythe NCTE which is a primary body establishedunder the 1993 Act have been rendered ineligibleAccording to the leamed counsel NCTE has framed 2001 in dischargeof its 81nction under Section 12d9and in exercise of its power under Section of the 1993Act The 2001 have been made effective from 492001 as amendedin 2005 It has beenmaintainedthat byRegulation 4 1 v07771 eo 0I r Batra Amit 2014.04.05 12: 21 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document l 1 423 17 PNo 17449of2008 0 connectedpetitions 1 e a directionhasbeen issuedto all theStatesto amendtheirrecruitmentrulesand them in conformity with the2001 framedbytheNCTE 24 Challengingthecompetence of the HaryanaLegislature to frame lawwith regardto of for to vanous any teachingpostsor additional by