1 406 cJ 9 e PWa IN THE H1GHCO OFPUNJAB AND HARYANA AT CHANDIGAR CWPNo 17449of2008 connectedcascs DateofDecisionlNovember29 2010 VijayKumar andothers Petitioners Versus StateofHaryanaandothers Im iZ 0 CORAM HONBLE MRe JUSTICE MeMe KUMAR C0 I HONBLE MR JUSTICE AeNeJINDAL 45 Presentl IV Gopal Krishan ChatrathSenior Advocatewith I Ms Alka ChatrathAdvocateand Mr GR SinghAdvocate Z for the Mr RameshwarMalik Addl AG Haryana WithMs ta Singhal Talwar Asstt AG Mr Namit Kumar Advocate I Mr RC Malik SeniorAdvocatewith Mr Kohal Dev SharmaAdvocate Z Mr JagbirMalik Advocate for the 0 1 To be referredto theReportcrs or not2 7 Z 2 Whetherthe shouldbe in the Digest2 Om MM KUMAR 3 4 1 This order shall dispose of a bunch of 10 petitionsinvolving 4M ommon of law and facts However the factshave beenreferredOom CWP No17449of2008 2 The Guest Teachersworkingin theHaryanaEducation have filed the instantpetitionunder Article 226 ofthe Constitutionchallenging amendmentsmade in the statutoryrules vide impugnednotiOcations dated Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 407 2 WP No 17449of2008 connectedpetitions 13 1 evr 2432008 P1 to P41 Further has been madeto the 1Ssuance of for holding StateTeachersEligibility Test for brevity the Eligibility Test as alsoadvertisementdated1382009 6t81 passingof the EligibiIityTest as an essentialcondition for recruitmentof teachersof all Still Olrthera prayer has been lnadefor directing the offlcial to considerthe for against theposts which have been advertisedvide adveitisementdated 1382009 without m the condition ofhavingpassed theEligibility Test 0 3 At the outset the contour of factual matrixmay be noticed In the Ca I of Education Haryanathereare differentset of Rules 0 recruitment ofTeachers to and posts ThcscRules are known I astheHaryanaPrimaryEducation DistrictCadre ServiceRules 1994 Z for brevitythe ServiceRules of 19942which were amendedbythe Haryana Primary Education Group District CadreServiceRules 2003 or brevity I the 2003 Rules1 TheseRules govem the conditionsof servlce of Primary t0 Z Teacherssuch as Head Teacher and Junior Basic Trained Teacher The Cr m conditions and recruitment of Middle School Cr mm3 Headmasterand Masters ln vanous subjects such as PunjabiHindi Sanskrit Z PhysicalTrainingInstructorsetc are provided bytheHaryanaStateEducation Ll SchoolCadre ServiceRules l98 or brevitytheServiceRulesof 19989The HaryanaStateEducation hool and Cadre GroupB 1 Service Rules 1998 or brevity School and Cadre Rules9also prescribecertaln qualificationsconceming and conditions of servlce of persons recruited to the GroupBService of Education such as Assistant Director District Education OfficerlSub Divisional Education Officer Special ist 1310ckEducation Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 408 lWPNo 17449of2008 c connectedPetitions 3 Il 1 4 OfflcerandHeadmasterofHighSchoollJunior Assistant Other thanthis theRules calledtheHaryana StateEducationLecwrer School Cadrel ServiceRules 19986forbrevitythe SchoolLecturerRulesIrelateto the and conditionsofserviceofthe SchoolLecturers 4 The haveclailnedthattheypossess andvarious VlZe 1042 JBTIDJ3dJETT or BAIBSc and BJ3d or MAIMSc MEd et withmore than 50Iomarksandfulfill tlle Q under the aforementionedstatutoryRules for beingappointed L3S 0 TeachersIn para 20f the petition a detailedcharthas been showing CaO theeducational bythepetitioners and of the t5 postsfor whichtheyare eligible 5e The averments madein thepetition show that more than 15000 Z vacanciesofteachers exist in the StateofHaryanaHowevcr the teachershave not been in fulI strengthIn the year 2001 thc State of Haryana I transferred the primaryschoolsto the Zila Parishadsvidc notiOcationdated C Z 3031001 which was rescindedby another notiOcationdated Qo 1082005 The StateofHaryana also decidedthattheteachers in the 7 schoolsduringthe periodbytheZila Pwishadswouldbe Z to qua a test Their for was raisedfrom 1042 to 1n Thus it is alleged that an attemptwas made to decreasethe number of teachersrecruitedbythe Zila Parishads 6 In 2005 with a vicw to cope up with the scarcityof teachers the State of Haryanadecided to make of Guest Teachers On 17122005 nn advertisementwas issued for of Guest Teachers The power to nlake of Guest Teachers was to the District Education Officers Block Education 0fOcers and the Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 409 4 0 No 17449of 200885connectedpetitions ll 14 41 of the concemedinstitutions A largenumberof Guest who were trainedandqualified were The were also as GuestTeachersin December2005 7e The Boardof School Education HaryanaBhiwani issued a on the basisof thedecisionof the Stateof Haryana to introducean test for school teachersetc Thc trainedand teachersOled CWP No 12599of 2008 Kumar and othersv Stateof Haryanaand Q in thisCourt thesaidprospectus andtheactionof tbeStatc 0 of Haryana passing of EligibilityTest as an essentialconditionfor 0 recruitment to all ofpostsofteachers It is claimedbythe I 9 that afterissuance of notice of motionby a Division Bench of this Coutt on I e 2232008theStateof Haryana amendedthestatutory Rulcsbyissuingseparate Z notifIcations dated 2432008 nnexures P1 to P41 In AppendixB ofall the e Rulesviz the Schooland Rules the SchoolLecturerRules I theServiceRules of 1994 andthe Service Rules of 1998 the of 08 Certificateof havingqualifled School TeachersEligibilityTest ETl h no C beeninserted P1 to P41 Anothernotication dated2772008 has w Z also been issued to amend para 20f the earlier noti6cationdated 17A2008 Ll which is to the effect thM the pass percentagefor candidates to General categoriesshall be50Io andforScheduledCastecandidates45Iofor considerationfor recruitment as tcachers by HaryanaStaff Selection Commissionfor GovernmentSchoolsin HaryanaIt has furtherbeenstlated that thenumberofchancesto appear andpassthe test which an eligibleperson can avail would be restricted to three ln case of General Catcgorycandidates and four ln case of Reserved Categorycandidates innexure PeSl On 2572008 when the aforementionedwrit petition came up for consideration the Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 410 PNo 17449of2008 8 connectedpetitions 5 6 0 wl DivisionBcnchpassed thefollowing orderl 44 Thiswrit has beenfiled with a prayerto quash action of no 5 to issuea prospectus to hold thcStateTeachers EligibilityTest 6STET9 It 1S contentionof counsel for the that the above said test has been fixed witllout any prOV1SiOn for the same in the service rulcs the to the postsof Masters Teachersand Lecturersin 1 Q Schoolsin theStateofH8ryana 0 Noticeofmotion was issuedin this case on July22 2008 In C to notice short replyhasbeenflled wherein it has been CD statedthat intentionto amendthe servicerules was bythe StateGovemmentbyissuingnotificationdatcdApril 17 2008 Z Thereafter the above said prospectus was issued Admittedly m2 amendment in the Ruleshavebeen effected and notifiedonlyon I July24 2008 it is contentionof counselfor the that 5 00 once therewas no provision in the rules to hold any eligibility test Smo it was ilot open for the to lssue any prospectus to Z Conductany test 0m After hearing counselfor the parties we were satisfled with the argumentraisedby counsel for the We were goingto restrain the froln conducting the 4 testingquestiontill the next dateofhearing At this stageAdvocate General Haryanaassistcd by Shri SanjeevBansal Advocate on gettinginsUuctions8om Mr AnuragRastogiOirector Secondary Education Haryana very fairly states that the respondents withdrew the prospectus111 question they will issue fresh Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 411 PNo 17449of2008 connectedpetitions 6 1J da2 if needbe It is furtherstatedthat111case Government 5 to hold thetest movedbyall thecandidatesin respectto theearlier prospectusissued shall bc consideredvalid and neednot applya8esh Petitioners if so advised may 1 applyagain in thatevent fee alreadypaidby them shal be In view of the statementmade this writ petition has becomeinfructuousand thc same 1S of m C if so adllisedmay lay to the notiOcationnow 0 issuedby the Governmenteffectingamendlnent in the service 0 rules I t5 a prospectushas becn issued by the Board of School 8 I Ct HaryanaBhiwaniin referenceto notiScationsdated17A2008and Z 2472008 issued bythe State of Haryana In the prospectusit has been C mentionedthat passing ofthe Eligibility Test would be an essential r I conditionfor recruitment of all of teachers The prospectus also t3 Z containsthe schemeof test syllabus for EligibilityTest of different ClO of schedule and eligibilitycriteria etc The last date of receiptof c for EligibilityTests was fixed as 1993008 The EligibilityTests VA Z for differentcatcgor9of teachcrsviz Heads TeachersLecturers a andMasterslMistresses were scheduledto be held on differcntdatesbetween 1 402008 to 1202008 P60 9 It is also pertinentto mention here that the State of Haryanahas beenadvertising various postsof teachersfrom time to time According to the petitioners one such advertisementwas issued on 203006 innexure P70 1 Some of the petitioners and other similarlysituatedpersonswere eligiblefor respective postsas per the prescribed in the said advertisement r Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 2WPNo 17449of2008 85connectedpetitions 7 d However the could not be madebecauseof litigation whichhad beengoingon in HonbletheHighCourt as alsoHonble the Court However withtheadventofpassing ofEligibilityTest as an essentialcondition suchpersonsincluding the havebeenrenderedineligible 10 It is in the of abovefactualposition that the flledCWP No 17449of2008 However aRer issuanceofnoticeoflnotion and filingof replyby the in pursuanceto a sent by the 1 r Education HaryanatheHaryanaStaff SelectionCommission or 0 the hasissueda OeshadvertisementNo 412009dated C 138009 inviting for fillingup 9647postsofJBT Teachers1276 I C5 posts of Science Masters 237 postsof DPE Masters 1037 postsof Math I 4 Masters372 postsof SS Masters 20 postsof Music Masters and4 postsof Z HomeScienceMistresses The lastdateofsubmission forms was Ct 149009 In the said advertisementpassing of EligibilityTest has been 2C mentionedas an essential for to the said posts 06 P8 In order to lay challenge to thc said advertisementhe QO amendedthe writ petition a7 Z 11 Theprimarygrievance of the is tbat the actionof the Q oftlcial itorescribing theconditionofpassingofEligibilityTest is in contraventionof the underthe framed bythe National Council for TeachersEducation or brevityNCTE which hasbeen constitutedand establishedunderthe National Council for Teachers EducationAct 1993 or brevitythe 1993Actl Refemng to Section12 of the 1993 Act it has been that NCTE has been establishedfor ensunng planned and coordinated of teachereducationand for determinationand maintenanceof standardsfor teacher education Section12 Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 413 IVPNo 17449of2008 connectedpetitions 8 Ia 4e 81rther functionsofthe NCTE andclothedit withthepowerto lay down in respectof minimum for a person to be as a teacherin schoolsor in institutions NCTE alsolays down norms for any categoryof courses or trainingsin teacher educationincludingtheminimumeligibility criteriafor admissionthereof and 1 the methodof selectionof candidates durationof the coursc course contents and mode of curriculum It has also the power to mlllllllUm for a person to be as a teachcrunder clause il of e 1 1 1 Section12 ofthe Act According to the theNCTE is like an Apex 1 Body inasmuch as withoutits recognition 111termsof Section14 of the 1993 1 Act no institution could even start any new course or trainingin teachers 1 education 0 4 C 12 It has furtherbeen that under clause of Sub 1 1 section 9ofSection32 readwithSection 120d9 ofthe 1993Act theNCTE has 1 e e framed namelythe National Council for Teacher Education 4 of Minimum for Rccruitnlctltof Teachers in l It r Schools 2001 Oforbrevity he 2001 which came er e 111t0 we 492001 The 2001 are for l recruitment of teachcrs ln all formal schools established run or aided or i recogizedby the Central or StateGovemmentsand other authoritiesfor imparting educationat and upper schooll secondary and senior secondary stagesRegulation 3 provides for for recruitment of teachers 111educational institutions as givenin irst and SecondScheduleappended to theRegulationsIt has furtllerbeen statedthatthe 1 1 qualifications prescrlbedin the First Scheduleapplyfor recniitment of teachers for teachingschool subjectswhereasthe prescribedin the Second 1 1 Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 414 ITPNo 17449of20088i connectedpetitions 9 J 4 Scheduleapplyfor recruitmentof teachcrsfor PhysicalEducation However forrecruitmentof teachersfor concwTicularactivitiessuchas work art educationetc existing as by the concemed Government would apply For ofteachersfrom onc level to thenext level of teachingminimum as givenin the Schedulesfor the concemedlevelwouldbe 13 Basedupon the in the2001 it 1 r has been assertedthat for of Teachers the 0 qualification 1S Senior School CertificateOIllntermediateor its C andDiploma or Certiflcatein BasicTeachersTraining ofa duration CD ofnot lessthan two years or Bachelor Education03EIEd1 For I to the postofUpperPrilnaryTeacher6Mlddle SchoolSectionl the Z r prescribed is Senior Certiflcate or Intermediate or its 2 Q and Diploma or Certificatein Teachers Training ofa er I duration of not Iess than two years or Bachelor Education 08 6BEIEd For to thepost SchoolTeacher the OO c is Graduatewith BachelorofEducation BdI 01 its or 2 Z Four Years Bc Bd or an coursc Similarlyfor tl to Senior Teacher thc 1S Masters Degreein therelevantsubject with Bachelorof Education Bdl or its equivalent or Two Years MSc BEd course or an equivalen t For recruitmentof teachersof PhysicaiEducation Institutions for Teacher thequalilicationis Senior School Certificateor Intermediate or its equivalent and Certitlcatein PhysicalEducation CErll ofa durationof not less than two years or its equivalentFor appointment in School the qualificationis Graduate with Bachelor of PhysicalEducation 4 Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 415 ITPNo 17449of2008 85connectedioetitions 10 n e P BPEd or its andfor in Senior Educationas an elcctive the is MPEMPEd 62years duration 14 The 2001 were amendedvide National Council for TeacherEducation Determinationof Minimum for Recnment ofTeachersin 2003 or brevitythe 2003 and the followinglninimum academic and m C4 have been in the Scheduleto these 0 Qualificationsfor recruitment of teachers lll educational C institutionsmentionedin Section20fthe I C5 Level Minimum Academic and I Professional 4r 1e PreeSchoollNursery For le School ass Z childrenin the agegroup Ten Certi6cate or its of46 years equivalentand 11 in Prea C School teacher education r of a durationof I not less than one year 08 11 PrcvSchooll Nursery1 SecondarySchool 6Class followed by flrst two Twelvel Certificate or oo yearsin a formalschool Intermediate or its Oforchildren in the age equival ent with at Ieast 7 Z groupof 6 and 6e8 45Io nlarks and years ll 11 in Nurseryteachereducation of durationof not lessthantwo years 1110 1e Senior School a Primary Certiilcate or Intermediate t or its cquivalentand lle Diplomaor Certitlcate in basic teachcrs training or a duration of not less than two ycars OR Bachelor of Education 3EI3dl b Upper Primary1a Senior Middle School Section Certiflcate or Intennediate Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 416 No 17449of200885connectedlletitions ll 1 4 V AP or its and 11 Diploma or Certificatelll teachers of a durationof not lesstlhantwo yearse OR Bachelor of EiementY Education0EI3d9 OR Graduate with Bachelorof EducationOBl3d or ltS equivalcn School Graduate with Bachelorof lVe Education6BEd or its OR 0 Four years 0 Bc IEd Or an course Ve Senior PUC I Masters Degree in the CD Intermediate relevant subject with I Bachelor of Education 6BEdlor its Z OR Two Years a2 AILSc Ed course or an 0 courseIl C C45 15 theNCTE hasnot passing of Eligibility Test m for being as a teacherin PrimarySecondary or Senior en Z Schoolcategory It has been claimedthat due to amendlnentmadein the Qm Rules by impugnednotiOcationsdated 2472008 6Pel to P4 for EligibilityTest about l Olac candidatesllave beenrenderedas ineligible for beingconsidered and appointed as teacherswho are otherwise 41 eligibleas per the Regulationsframed by the NCTE Besides this the have also referredto the provisions of the Constitution and various ofHonble the Supreme Court which shall be dealt with by us in the paras 16 In the written statement flled on behalfofofficial Nose 1 Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document PNo 17449of2008 8 connectedpetitiolis 12 1 9 A to 5 submissionshavebeenmade that everyyear on an averagethere is a for recruitmentof 5000to 8000 teachersfor the schoolsrun bythe StateofHwyana Therearelacs ofdegree holderswhoare out Eom various institutionsall over thecountrywith the of JT and BJ3d The qualityof degreeholderspassing out from such institutionsdiffers It hasbeen averredthatpassing of theEligibility Test is aimedat recruitmentof onlygoodqualityteachers It hasalso been 1 out that so far threeEligibiIity Testshave been hcld in July2008 July CL 2009and December2009 and nearly50001mcandidateshave passedsuchtest 0 0 Ithasbeen that a similarcontroversycropped up beforeHonble the I CD Court in the case of Basic Education Board UJ2eva UpendraRai I 20081 3 SCC 432 and their have upheld the rightof the State Z Governmentin the eligibility conditionfor recruitmentof teachers m C forvariouseducationalinstitutionsaer the I of NCTE on the Ithas becn submittedthatthe 2001 as 08 amendedby 2003 framedby theNCTE only mlnimum rll academicand for teachersto be recnlitedin different 7 Z educationalinstitutions Those do not the rightof the Cla StateGovemment to additional of eligibility criteriafor goodqualityteachersout of lacs of who mightcome forward to seek Moreover the basic by 1 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 debarredratherthe StateGovemment is strivingto recruit betterqualityteachers for Goveminent Schools of the Stateof HaryanaThe Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 418 PNo 17449of 20088 connectedpetitions 13 Ce StateofHaryana ls making every effortto fill up vacant postsby best teachersto meet outthe It hasalsobeenpointed out thatagainst the available17000vacancies of teachersnearly50000STET passcandidatesare availablefor which are pending with theHaryanaPublic Service StaffSelectionCommission 17 In thereplication flledbythe againthc ofthe 2001 have beenreiteratedandit hasbeensubmittedthatonce the 1 0 NCTE hasprescribed the mlnlmum for a person to be 0 as a teacherat various levelsof Schoolcducation a person who possesssuch Ca would be eligibleto be as a teacherandnobody has Ole I CD power to declaresuch a personineligibleIt hasbeen thatbyvirtue ofthe 1993Act thereis uniformtraining in Teacherseducationthereforethere Z is no need for passing ofeligibility test All thepcrsonswho posscss lr theminimumrequired are eligible to competeReferencehas also I beenmadeto 40fthe 2001 which thatall 08 the Statesshouldbringamendmentin their recruitmentrules in terms of the 00 2001 40fthe 2001 readsthusl 7 Z ofthe 2001Regulations Om ExistingRecruitmentRules inay be modifledwithin a periodof3 yearsso as to bringthem in with the prescribed in Schedule In the meanwhileteachers as per existingRecruittnent to tlle issue of these Regulationswill be requiredto acquirethe as prescribedin the Schedule 18 Ithas furtherbeencontrovertedby thepetitioners thatthejudgment ofHonble theSuprcme Court in Uloendra Rais case supra9 is not to Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 419 No 17449of2008 06connectedpetitions 14 0 e 4v 1 r thefactsof the presentcase to themthe Oamedby the NCTE were never to the noticeof Honble the Supreme Court in the said case Inpara 23 of the it hasbeen on the basisof receivedunderthe Rightto InfonnationAct 2005 thatonly5Io candidateshave been ableto passthe EligibilityTest on thcir own and the were granted gracemarks them to passtheEligibility Test 19 Another issue which has beenraisedin the filed bythe is that the guestteacherswere earlier rclaxationOom 0 the EligibilityTest Hever the said relaxation has been 0 disallowedby this Court rendcring15000 workingteachersineligible to C5 competeforthepoststheyhad appliedfor It hasbeen that such teacherswould losetheirjobs whenselectionofteacherscln regular basis 2l 5r wouldbe r 20 The havealso filed additionalinfonnationbyOlingCM No 8139 of 2010 placingon record the statisticswith rcgardto STET 08 Examinations and vacancypositionofteachersas on 332010 lnexures Pm10 ClO Cr 8wP111 Theyhavealso placed on record a copy ofthe GazeuenotiOcation m2 Z dated2782009 issuedby the Minisoyof Law and Justice Governmentof tl India whereby the Rightof Childrento Free and EducationAct 20096forbrevitythe 2009 Actohas been notified It is to mention that the 2009 Act has been with an objectthat the children ofthe age M groupof6 to 14 ycarsget free and educationand it came into force wef l A2010 Section 23 of the 2009 Act prescribesthe for appointment and terms andconditionsof serviceofteachers andrcadsthus1 23 Qualificationsfor appointment and terms and conditions of service of teachers 1 Any person such mllllmum Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 420 PN 17449of 20088 connectedpetitions 15 t3 AT as laid downbyan academic authorisedby the Central Govemment by notificationshall be eligiblefor as a teacher 29 Where a Statedoes not have adcquatelnstitutions offeringcourses or trallllng 111 teacher eductItIOll or teachers possesslngmlnlmUm as laid down undersubesection 91 arc notavailablein sufficientnumbersthc Central j if it deems nccessary by notification relax the minimutn may for as a teacherfor such 0 C0 periodnot five years as may be specilledin that I C notificationl Z Provided that a teacher who at the commencement of this Z Act does not possessllllllimum as laid down under subsection l shallacquire suchminimum within a periodof fiveyears 08 630 The salaryand allowancespayable to and the terms CQ and conditionsof serviceof teachersshall be such as may be mwo Z Qm 21 In para 13 of the said it has also beenstatedthatthe StateGovemmentin recognition ofthe servicesrenderedbythe Guest Teachers issued a letter dated 3 72009 grantingthem from passingthe f 1 EligibilityTest The said letter was challenged before this Court in CWP No 4562 of 2009 and other connectedpetitionsA Division Bench of this Court allowed the writ petitionsand set aside the order granting to the Guest Teachers fiorn passingthe EligibiIityTest vide order dated 6AOl O The Guest Teachersthen filed Civil AppealNo 9247 of2010 GurpalSinghV Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 421 TPNo 17449of2008 cQconnectedlletitions 16 4 f tw r Stateof Honble the Court the fact Olat in pursuanceof dated1862009 the selectionprocessllas already commencedand the Guest Teacherswho were not parties beforetheDivision Benchofthe HighCourt havealsoapplicdfor selectionhasgrantedlibertyto them to in the selection processbut their final result wouldnot be declaredtill therordersofthe Court videorderdated1562010 22 Mr GopalKrishan Chatrath learned Senior counsel for the 1 0 has arguedthat the of passingthe 0 eligibilitytest would not be applicable on the Guest Teachers becausethey 0 were recruitedin December 2005 whereasthe has been addedby I C wayof statutoryServiceRules of 1998 Schooland Inspector Cadre Rules SchoolLecturerRulesandtheServiceRulesof 1994andthe2000Rules Z According to the learnedcounselin the advertisementfor regularrecruitment fr such a cannot be to nonmsuithe Guest faculty I Referring to anotherfacet of his argumen Mr Chatrathhassubmittedthatthe 08 were recruitedas Guest teacherswhen Sixthl 00 Amendment Act 2002 was notifiedandbyway of ameildmentArticles21A m Z and were added e 23 Mr Chatrathhas made another submissionthat by virtue of amendmentthose candidateswho have the training certificatesand degrees as per the norms and standardsflxedbythe NCTE which is a primary 1 1 bodyestablishedunder the 1993Act have beenrenderedineligibleAccording to the learned counsel NCTE has framed 2001 Regulations in discharge of its function under Section 126d1and in exercise of its power under Section 3229CdO9of the 1993Act The 2001 Regulationshave been made effective from49001 as amendedin 2005 It has beenmaintainedthatbyRegulation 4 Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 422 PNo 17449of2008 cQ 17 6e r4 direction hasbeenissuedto all theStatesto amendtheirrecnlitmentrulesand a being themin confolmity with the2001 OamedbytheNCTE 24 the competcnce of the Hmyana to 8ame any lawwith regardto for to various postsor additional byway of amendlnent Mr Chatrathhas arguedthat the Constitution for distributionof powers to make laws on In thatregardhc has refeiredto r VIIth Schedule List 1e Union List ListeII ie StateList and ListmIII1e 0 ConcurrentList and hasplacedreliance on Article 254 of the Constltutionto 0 argue thatthe amendmentmade bytheHaryana is in consistentwith I C5 the law made by the Parliament of 1993 Act and the 2001 framedthereunderand thereforetheargumentis tllattheHaryana Z law must giveway to the Central which laid down the minimum Q standardsof educational for of a teacher According I to thelearnedcounsel the1993Act was enactedbythe Parliameiltwith a view 4 to achieveplannedand coordinated of teacherseducationand for 0 maintenance of its standardsuniformly the country He has made W2 Z elaboratereference to Section which thatthe functionof the Om NCTE is to lay down in respectof mlnlmulll for persons to be as teacher in schools or 111rccognised institutions the power of thc NCTE to make regulationsunder Section b 1 leamed counsel stated that such made providefor makingqualification for a person to be employed as teacherunder clause i9of Section 12 What arrears to have been argued 1Sthat once tlle Parliamenthas framed the 1993 Act and the 2001 with rcgardto mllllmUm ofa personto be employed as teacherin school or in a recognised Pooja 2014.04.05 10:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 WPNo 17449of2008 comlectedpetitions 18 pvr institutionthentheState hasno power ThereforetheHaryana Act