No 17449of2008 85connectedpetitions C 1 Pml to Pe49 Furtherchallenge has been madeto the 2432008 issuance of Prospectusfor StateTeachersEligibilityTest or lvity the Eligibility as also advertisementdated1382009 of the EligibilityTest as an condition for recruitmentof teachersof all Still uer a prayerhas been madefor directing the to considerthe for against theposts which have advertisedvide advertisementdated 1382009 without 1 C Test 0 3 Atthe outset the contour of factualmatrix may be noticed In the C3 of Education Haryanathere are dint set of Rules I C9 ofTeachersto GrouI3and GroupeC posts These Rulesare known I 1994 Z 6for the ServiceRules of 1994vhich were amendedby theHaryana Primary Education District CadreServiceRules 2003 or brevity I the 2003 These Rules govem the conditionsof service of Primary t3 Z Teacherssuch as Head and Junior Basic Trained Teacher The and concemingrecruitment of Middle School 0 such as PunjabiHindi Sanskrit Headmaster and Masters in vanous w Z Training Instructors etc are provided bythe HaryanaStateEclucation School ServiceRules 1998 or brevitytheServiceOllesof 1998 The StateEducation 6School and CadrelGroupB9 ServiceRules1998 6forbrevity School and Inspection Cadre Rules also prescribecertain concerning and conditions of service of personsrecruited to the GroupB Service of Education Department such as Assistant Director District Education OfficerlSub Divisional Education Offlcer SpecialistBlock Education t 1 1 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document CP88e Oe of 2008 8 connected petitions C2 V C VS W thisthe Rules calledtheHaryanaState Lecturer 6School Otherthan CadreServiceRules 1998 or the SchoolLecturer Rules relateto 4 BAIBc and Bl or 1042 JBTIDEdJETT or VlZe than 50Iomarksand 1811the MAIMSc MEd etc with more Rulesfor being as 1 underthe stry 3 chart has been showing 3 Teachers In par 20f the petition a 0 bythe and of the theeducational I t for whichtheyare eligible I showthat more than 15000 5e The madein the petition Z ofHaryana However the teachershave of teachersexistin the In the year 2001 the State of Haryana r not been in full I transferredthe primary to the Zila Parishadsvide notificationdated rescindedby anothernotiflcationdated Z 3032001which was The StateofHaryanaalso decidedthat the teachers in the m1 1082005 1 the interregllumperiodby the Zila Parishadswouldbe schools 7 Z raisedfrom 102 to for was to qualifya test Their made to decreasethe numberof Thusit is alleged that an attempt was recruitedbythe Zila Parishads In 2005 with a view to cope up with the of teachers the 6 of Haryanadecided to make of Guest Teachers On State 1122005 an advertisement was issuedfor of Guest Teacherse The power to nlake of Guest Teachers was to the District Education Block Education Officers and the Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document CP89 O 17449of 2008 8 connectedpetitions 1 IV 4 ofthe concernedinstitutions A largenumber of Guest Teacherswho were and qualified were The were also as Guest Teachersin December2005 7 TheBoard of School Education HaryanaBhiwani issued a on the basis of the decisionof the Stateof Haryana to introducean testor schoolteachersetc The trainedand qualified teachers61ed CWP No 12599of 2008 VijayKumar and othersv State of Haryanaand in this Court challenging thesaidprospectus andthe action of theState Q essentialconditionfor of Haryana passing of EligibilityTest as an 0 C ofpostsofteachers It is claimed by thepetitioners recruitment to all 0 that afterissuance of notice of motion by a Division Bench of this Court on 2272008the StateofHaryanaamendedthestatutoryRulesbyissuing Z dated2472008 6exures Pel to P49 In AppendixB ofall the A C4 Rules viz the Schooland Rules the School Ler Rules the Service Rulesof 1994 and the Service Rules of 1998 the of 08 of havingqualijled School Teachers EligibilityTest 6STET9has m beeninserted P1 to Anothernotificationdated2732008 has Z also been issued to amendpara 20f the earliernotificationdated 17A008 Om whichis to the e the pass percentagefor candidates belonging to Generalcategoriesshall be 500IoandforScheduledCaste candidates45Io for considerationfor recruitment as teachers by HaryanaStafJSelection 1 Commissionfor GovernmentSchools in ana Ithas fu been stipd that thenumber to appear andpassthe test which an eligibleperson can cn7ailwould be restricted to three ln case of General Categorycandidates and four ln case of Reserved Categorycandidates 64mle P59 On 2532008 when the aforementionedwrit petition came up for consideration the Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document C807 0 17449of2008 8cconnectedpetitions 91 1 C 4 t DivisionBenchpassed thefollowingorder 44 Thiswr petition hasbeen filed with a prayer to quash action of nOe 5 to issuea prospectus to hold the StateTeachers Test STET9 It is contentionof counsel for the that the above said test has been flxed without any 1 for the same in the servicerules the prOV1Slon to the postsof Masters Teachers and Lecturers in 1 r Schoolsin the StateofHaryana 0 Noticeofmotionwas issuedin thiscase on July22 2008 In 0 to notice shortreplyhas beenfiled whereinit has been I C5 stated that intentionto amendthe servicerules was bythe StateGovemment byissuingnotificationdated April 17 2008 Z Thereafterthe above said prospectus was issued Admittedly 0 in the Rules have been effectedand notifiedonlyon I July24 2008 it is contention of counselfor the that 08 once therewas no provision in the rules to hold any eligibility test CQ lt was not open for the to issue any prospectus to 3 Z conduct any test 0m After counselfor the parties we were satisfiedwith the argumentraised by counselfor the We were goingto restrain the from conducting the 1 testingquestiontill the next date of hearingAt this stage Advocate GeneralHaryanaassistedby Shri SanjeevBansal Advocate on getting instructions8om Mr AnuragRastogiDirector Secondary Education Haryana very fairly states that the withdrew the prospectuslll questionthey will issue fresh b 1 e Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1 P No 17449of2008 85connectedpetitions l 41 if needbe It is lrther statedthat in case Government decidesto hold the test movedbyall the candidatesin respect to the earlier prospectusissuedshall be consideredvalid and theyneed not applyafresh Petitioners if so advised may 11 1 applyagain in that event fee alreadypaidby them shall be 1 1 adjustedIn View of the statement made this writ petitionhas becomeinfructuous and the same is of accordingly 1 C Petitionersif so advised may laychallenge to the notiflcationnow D 0 issued by the Government effectingamendment in the service 01 rules 2 C5 8 Againa prospectushas been issued by the Board of School Education HaryanaBhiwani in referenceto notificationsdated17A2008 and Z 247008 issued by the State of Haryana In the prospectusit has been 12 0 mentionedthatpassingof the EligibilityTest would be an essential I condition for recruitment of all of teachers The prospectusalso L3 Z contains the schemeof test syllabusfor EligibilityTest of different 1 CQ of teachrs schedule and eligibilitycntena etc The last date of receiptof 3 for EligibilityTests was fixed as 1982008 The EligibilityTests Z D for different categoryof teachersVlZe Heads Teachers Lecturers tl and MasterslMistresses were scheduledto be held on differentdatesbetween 402008 to 12102008 exure P 9 It is also pertinentto mention here that the State of Haryanahas been advertising vanous postsof teachers from time to time Accordingto the petitioners one such advertisementwas issued on 2072006 6Annexure179 1 Some of the petitionersand other similarlysituatedpersons were eligiblefor 1 respectivepostsas per the qualifications prescribed ln the said advertisement Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1WPNo 17449of2008 8 connectedpetitions 1 However the could not be made becauseof litigation which had been goingOO in Honble the HighCourt as also Honble the Supreme Court However with the adventofpassingofEligibility Test as an essentialcondition such personsincluding thepetitioners havebeenrenderedineligible 10 It is in the of above factual positionthat the filed CWP No 17449of2008 However after issuanceofnoticeofmotion and filingof replyby the in pursuanceto a requisition sent by the 1 r Education Haryanathe HaryanaStaff Selection Commission6for 0 brevity the Commission9 has issueda esh advertisementNo 412009 dated C 13822009 inviting for fillingup 9647 postsofJBT Teachers 1276 I C5 postsof Science Masters 237 postsof DPE Masters 1037 postsof Math Masters 372 postsof SS Masters 20 postsof Music Masters and4 postsof Z Home ScienceMistresses The last dateof submissionof forms was e o 1492009 In the said advertisementpassingof EligibilityTest has been I mentioned as an essential for to the said posts 045 exure P In order to laychallengeto the said advertisementthe CQ Cr petitioners amendedthe writ petition S7 Z 11 The primarygrievance of the petitioners 1S that the actionof the 0 official in prescribing the condition of passing of EligibilityTest is lll contraventionof the prescribed under the framed by the National Council for TeachersEducation or brevityNCTE which has beenconstitutedand establishedunder the National Council for Teachers EducationAct 19936forbrevitythe 1993 Ac Referring to Section 12 of the 1993 Act it has been that NCTE has been established for ensurlng plannedand coordinated of teacher education and for determinationand maintenanceof standardsfor teacher education Section 12 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document r93 No 17449of20088 connectedpetitions 11 V4 lrther 81nctionsofthe NCTE and clothedit with the power to lay down in respectof minimum for a person to be as a teacherin schoolsor in institutions NCTE also lays down norms for any categoryof courses or trainingsil teacher education the minimum eligibility criteria for admissionthereof and themethodof selectionof candidates durationof the course course contents and mode of curriculum It has also the power to mlnimum j for a person to be teacherunder clause il of as a 0 Section 12 of the Act According to the petitioners the NCTE is like an Apex C3 1 Bodyinasmuch as without its recognition in terms of Section 14 of the 1993 1 CD Act no institutioncould even start any new course or trainingin teachers Ii I education Z 1 5 12 It has further been that under clause 19i9of Sul 1 i section629ofSection 32 read with Section ofthe 1993Act theNCTE has I framed namelythe National Council for Teacher Education 1 08 of Min for Recruitmentof Teachers in rio 2001 6forbrevitythe 2001 which came 1 m2 Z 10 we 492001 The 2001 are for Cle recruitment of teachers in all formal schools established run or aided or by the Central or State Govemments and other authorities for education at primaryand upper school secondary and senior secondarystages Regulation 3 provides for for recruitment of teachers in educational institutions as givenin First and SecondScheduleappended to the RegulationsIt has furtherbeen statedthat the qualifications prescribedin the First Schedule applyfor recruitment of teachers J for teachingschool subjectswhereas the quali8cations prescribedin the Second Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1V 1 17449 of2008 4 connectedpetitions 9 1 C7W 10 ej C12 1j 11 Scheduleapplyfor of teachersfor PhysicalEducation However 1r r Il ofteachersfor cocurricular activitiessuch as work expeilence 5 for recruitment art etc existing as by the concemed S1 1 would applyFor promotlon from one levelto the next level of minimum as given in theSchedulesfor the levelwouldbe 13 Based the in the2001 it 1 hasbeen assertedthat for of ElementaryTeachersthe requisite C 10 School Certificate or Intermediateor its is Senior 0 00 andDiplomaor CertificateinBasic TeachersTrainingof a duration rl 1 S ofElementaryEducation0BP1Ed For ofnot lesshan two years or 9 n 2 t the ofUpperPrimaryTeacher Middle SchoolSectionhe to Z Certificateor Intermediateor its is Senior TeachersTrainingof a 0 and Dlploma or Certificatein durationof not less than two years or BachelorElementaryEducation For to the postof SchoolTeacherthe 1 81 100 is GraduatewithBachelor ofEducatioIBd or its or 4m F Four Years Bc BEd or an equivalent course Similarlyfor to Senior Teacher the 1S therelevantsubject with Bachelorof Education BEdJ or Masters 1I l r 1 0 its orTwo Years MSc BEd course or an equivalent 2VS 1 For recruitment of teachersof PhysicalEducation Institutions for Elementary 18 17 1 Teacher thequalification is Senior Secondary SchoolCertificate or Intermediate m 2r orits equivalentand Certificate in PhysicalEducation OCPEc of a durationof r For in not less than two years or lts School the qualification 1S Graduate with Bachelor of PhysicalEducation 7j1 7l t 1 Ill I e 12 1 1 Ie 1 1 r 1 1 Il 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document C JO e 17449 of2008 85connectedpetitions l e e WW 9 6BPEd9or its andfor in Senior Educationas an elective the is MPEJMPEd 2 years duration 14 The 2001 were amended vide National Council for TeacherEducation of Minimum for Recruitment of Teachersin 2003 6forbrevitythe 2003 and the followingmuumum academicand 1 havebeen in theScheduleto these C for recruitment of teachers in educational 0 C0 institutions mentionedin Section20fthe Regulations I CD Level Minimum Academic and I Professional 1 PreSchoollNurseryFor le School Class childrenin the age group Ten Certi6cate or its Z of46 years9 and 11 in Pre 0 School teacher education of a durationof I not less than one year 08 11 PreeSchooll Nursery le School 6Class followed by first two Twelve9 Certificate or OO yearsin a formalschool Intermediate or its for children in the age with at least 3 groupof 46 and 64 45Io marks and Z years CL 11 lIl Nurseryteacher education of duration of not lessthan two years 1110 le Senior School a Primary Certificateor Intermediate or its equivalentand 1 11 Diplomaor Certiflcate in basic teachers trainingor a duration of not less than two years OR Bachelor of Education 6BIEdI 1 b Upper Primary 1e Senior Middle School Section9 Certitlcate or Intermediate 11 r Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1 Cl60 17449of2008 connectedpetitions 19 1 21 1 V 1 or its and 110 Diplomaor Certificate lIl elementary teachers n of a durationof not 66 t lessthan two years OR m M Bachelor of Elementa 1 Education6BEIEd9 OR Graduatewith Bachelorof 5577 Education 0Ed or its 157 School Graduatewith Bachelorof 1Ve t Education 6Bd9 or its OR n4 C Four years S BSc BEcl or an equivalent course me Jm Senior PUC 1 Masters Degree in thei CD Ve 1 Intermediate relevant ubject with m 1 2J Bachelor of Education 1 Bd or its C 1 7 OR f Two Years i MSc Ed course or an course 1m 15 the NCTE has not passingof Eligibility Test OQ 1 for being as a teacher in Secondary or Senior 7 Z Schoolcategory It has been claimedthat due to amendmentmade in the r 1 Rules by notificationsdated 243008 611 to P49 7 for EligibilityTest about 150 lac candidateshavebeen renderedas 1 for beingconsidered and as teachers who are otherwise 5 R as oer the framed by the NCTE Besides this the petitioners have referredto the of the Constitution and various am ofHonble the Supreme Court which shall be dealt with by us in the e l AM02 2 1 e 1 n succeeding paras 16 In the written statement filed on behalf of official respondent Nos l 11 Il 9 l L k 1 1 n V l e 11 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document CV971 0e 17449 of20088 connectedpetitions C 1 e1 havebeenmade that every year on an to 5 thereis a forrecruitmentof 5000to 8000 teachersfor the schoolsrun bythe StateofHaryana Thereare lacs of degreeholderswho are out from various all over the co with the ofJB and BFA The of degreeholderspassing out from such differs drasticallyIt has beenavenedthatpassing of theEligibility Test is aimedat recruitmentof onlygoodqualityteachers It has also been 1 out that so far threeEligibility Tests have been held in July2008 July C 2009and December2009andnearly500001 candidateshave passed such test 0 C been highlihted that a similarcontroversycropped up beforeHonble the It has CD Court in the case of Basic Education Board UPe ve Upendra Rai I 3 SCC 432 and their have upheldthe rightof the State Z the eligibilitycondition for recruitmentof teachers Govemment 111 4 forvarious educationalinstitutionsafter examining the 0 It has been submittedthat the 2001 as I of NCTE on the 08 by 2003 framedby the NCTE only minimum ao and for teachersto be recruitedin diHerent 7 Z institutions Those do not preclude the rightof the 0m additional of eligibility criteriafor StateGovemment to goodqualityteachersout of lacs of who mightcome 1 forwardto seek Moreover the basic by 1 r or altered It has thus been that theNCTE have liot been 1 the basic of passingof EligibilityTest as an essential condition is onlyto select best talent available It has been denied that any candidate has been debaned ratherthe StateGoveent is strivingto recruit better teachersfor Govemment Schools of the State of Haryana The 1 j 1 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 01 4 C lo 17449of2008 8 connectedpetitions 15 e V StateofHaryanais making effort to fill up vacant postsbyrecruiting best teachersto meet outthe exigencyIt has also beenpointed out thatagainstthe available17000 vacanciesofteachersnearly50000 STET pass candidatesare availablefor which are pending with the HaryanaPublic Service StaffSelectionCommission 170 In the filed bythe againthe of the 2001 have been reiteratedandit hasbeensubmittedthatonce the n NCTE has the minimum for a person to be 7P at various levelsof Schooleducation a person who possesssuch 10 as a C0 would be eligibleto be employed as a teacher and nobodyhas the 8i 1 9 to declare such a personineligibleIt has been thatbyvirtue 1 2C ofthe 1993Act thereisuniformtrainingin Teacherseducationthereforethere 9Z isno needfor passing of eligibilitytest All the personswho possess 1 1 48eI the minimum reqed are eligible to competeReferencehas also I 21 beenmadeto 40fthe 2001 which that all 4Il the Statesshouldbringamendmentin their recruitmentrules in tenns of the ao 01 2001 Regulation 40fthe 2001Regulations readsthusl n r Regulation4 ofthe 2001Regulations 30 ExistingRecruitmentRules may bemodified within a periodof 3 years so as to bringthem in conformity with the 6 71 3 6 in Schedule In the meanwhile teachers as 1 1 per existing Recruitmentqualificationsubsequent to the ile of 4 these will be required to acquirethe as Io en i2 I 217o l15 141 0 e prescribed in the Schedule 91 1 4S e 18 It has furtherbeencontrovertedbythe petitioners that thejudgment ofHonble the SupremeCourt in Upendra Rais case pra9is not applicable to O O Il ne0lvr 1 1 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document C6lATo17449of2008 connectedpetitions IlD V thefacts of the presentcase According to them the framedbythe 1 NCTE were never broughtto the notlce of Honble the Supreme Court in the saidcase In pa 23 of the it has been on the basis of information receivedunder the Rightto InformationAct 2005 that only5Io candidateshave l4eenable to pass the EligibilityTest on their own and the were granted gracemarksenabling themto passtheEIigibilityTest 19 Anotherissue which has been raised in the replication Sled bythe j C s that the guest teachers were earlier grantedrelaxation from 0 the EligibilityTest However the said relaxation has been C disallowed by this Court rendering15000 workingteachers ineligibleto I C9 for the p6ststheyhad appliedfor It has been that such guestteacherswould lose their jobswhen selection of teacherson regular basis Z would be completd Q 20 The 5etitionershavealso filed additional informationbyfilingCM No 8139 of 2010 placingon record the statistics with regardto STET 08 Examinations and vacancy positionofteachers as on 332010 P QO 8 Pel l Theyhave also placed on record a copy of the GazeUe notification 2 Z dated 2782009 issued by the Ministryof Law and Justice Govemment of ll 11 India wherebytlie Rightof Childrento Free and Compulsory Education Act 20090forbrevitythe 2009 Actl hasbeennotified It is pertinent to tnentl0l1 that the 2009 Act has been with an objectthat the children of the age 1 groupof 6 to 14 years getfree and compulsoryeducationand it came into force wef lA2010 Section 23 of the 2009 Act prescribesthe for appointment andterms and conditionsofservice ofteachers and readsthusl 23 Qualificationsfor appointment and terms and conditions of service of teachers l Any person such minimum 1 1 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document C400IT0 17449of2008 connectedpetitions 511 3 C Pl 7 as laid down byan academicauthorityalnhorisedby 6 the Central Govemment bynoti6cation shall be eligiblefor 9i 41C 15 as a teacher Uj 4 r e1 629 Where a State does not have adequate institutions t Iy 41 IIl 1 offeringcourses or training in teacher education or teachers 91 Ia 1e possesslngminimum as laid down under susection 1 0 i 919 are not availablein sufficientnumbersthe Centralgovemment mayif it deems necessary by notification relax the minimum 55 V D for appointment as a teacher for such periodnot exceedingfive years as may be speciedin that m C notificationl 2 mmm 8 Providedthat a teacher who at the commencement of this Act does not possessmlnunum as laid down under subsection 61Jshall acquiresuch minimum within a periodof five yearSe 1 639 The salaryand allowances payable to and the terms and conditionsof serVlCe of teachers shall be such as may be 1 1P prescribed 21 In para 13 of the said application it has also been statedthat the 5 1 StateGovemmentin recognition ofthe servicesrenderedby the Guest Teachers 54 14 issued a letter dated 3009 grantingthem exemption from passingthe 6 4 1Ill 1 5 Eligibity Te said letter was challengedbefore this Court in CWP No 4562 of 2009 and other connectedpetitions A Division Bench of this Coun me the writ petitionsand set aside the order granting to the rn i Guest Teachers 8om passingthe EligibilityTest vide order dated 642010 Il The Guest Teachersthen flled Civil AppealNo 9247 of2010 6GurpalSinghVe 11 4 Il 46 9 3 r 4 1 011 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1e C1U1 TOe17449 of2008 e 4 3 4 0t7 Stateof Honble the Court considering the fact that in of dated1862009 the selectionprocesshas already and e Guest Teacherswho were not parties before theDivision Bench of theHigh Court have also applied for selectionhas libenyto them to in the selectionprocess but their flnal result would not be 1 till 8lrtherordersofthe Court videorderdated1562010 22 Mr Krishan Chatrath leamed Senior counsel for the has arguedthat the of passingthe 7 6 1 test would not be on the Guest Teachers becausethey were recruitediDecember 2005 whereasthe has been addedbY wayof statutoryServiceRules of 1998 Schooland Inspector Cadre 0 3 t RulesSchoolLecturer Rules andthe ServiceRulesof 1994and the 2000Rules Z to the learnedcounselin the advertisementfor regularrecnlitment 5 such a cannot be to nonesuitthe Guest facultye m to anotherfacet of his argumentMr Chatrathhas submittedthat the were rccruited as Guest teacherswhen Constitution lghty Sixtl AmendmentAct 2002 was noti8edandbyway of amendmentArticles2141 17 Z and51A6k1 were added D Chatrathhas made another submissionthat by virtue of 23 Mr those candidateswho have the trainingcertiScatesmd as per tlie norms and standardsflxed bythe NCTE which is a primary boy 1993Act have beenrenderedineligible According 1 to the leamedcounsel NCTE has framed 2001 Regulations in dischargeof its function under Section 126d and m exercise of its power under Section of the 1993 Act The 2001 have been made effective from492001 as amendedin 2005 It hasbeen maintainedthat by Regulation 4 0 1i 01 96 41 1 1 n 3Ilt e9 4trh PS4 r 1 1 V05 r 1ilen n 1 4 Uma 2014.03.04 12: 57 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1 c3To 17449of2008 connectedpetitions 3 1P V l0 1 4 1 a directionhas issuedto all the Statesto amendtheirrecruitmentrulesand I tt4 Ill them in conformity with the 2001 amedby theNCTE m1 t thecompetence of the HaryanaLegislature to Same 24 Challenging 4 J4 1 lawwith regardto of for to VEUlOUS t r any 1 teachingpostsor additional by way of amendment Il Mr Chatrathhas that the Constitutionprovides for distributionof 1 1 powerstomakelaws on subjectsIn he has refenedto 1 1 1 6 t1 1 14 t