IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 655 OF 2011 (S/S) Rajiv Kumar … Petitioner Versus State of Uttarakhand and others … Respondents Present: Mr. R.S. Bisht, Advocate for the petitioner Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand Mr. Sudhir Singh, Advocate for respondent No. 3 Ms. Geeta Parihar, Advocate for respondent No. 4 Hon’ble Sudhanshu Dhulia, J.(Oral) This Court has just upheld today in Writ Petition No. 772 of 2011, Baldev Singh & others Vs State of Uttarakhand & others, the validity of Teachers Eligibility Test (from hereinafter referred to as the ‘TET’) being held under a Central body known as National Council for Teacher Education (from hereinafter referred to as the ‘NCTE’). Further the requirement of 45% or 50% marks in graduation has also been held to be violative of Article 14 of the Constitution of India. The petitioner in the present writ petition though is not a B.Ed., but L.T. (Licentiate in teaching). He claims equivalence with B.Ed. and prays for the same order, as has been given to B.Ed. qualified teachers in the said writ petition. The petitioner further states that in the past, the State Government has always treated L.T. to be equitant to B.Ed. and he must, therefore, be placed in the same footing. It is a settled position of law that Courts’ cannot grant equivalence in such matters as this is a decision better left for the experts, consequently, this Court refrains from passing any order as prayed by the petitioner. Moreover, the power is there with the Central Government to grant relaxation under Section 23 Clause (2). Section 23 of The Right of Children to Free and Compulsory Education Act, 2009 (from hereinafter referred to as the “Act”) reads as under:- 2 “23. Qualifications for appointment and terms and conditions of service of teachers. (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher (2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years. (3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be such as may prescribed. Therefore, liberty is given to the petitioner to make representation in this regard before the State Government, the State Government in turn, if it deems it fit and proper, may seek relaxation from the Central Government under Section 23 (2) of the Act and thereafter order be passed accordingly. In the interest of justice, though since the TET examination is to be held on 27th August, 2011, respondents are directed to allow the petitioner, to appear in the said test. His result though will be subject to the ultimate decision taken by the Government. 3 With the aforesaid observation, the petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 20.08.2011 Aswal