1 i 406 C r PV 1NTHE HTGH CO OF PUNJAB HARY AT CHANDIG CWPNo 17449of200884connectedcases DateofDecisionlNovember29 2010 VijayKumar and others Petitioners Versus t StateofHaryanaandothers m 0 2espondents D 0 CORAM HONBLE MR JUSTICE MM KUMAR 0 HONBLE JUSTICE AeN JAL I C5 Presentl Mr Gopal KrishanChatrathSeniorAdvocate with Ms Alka ChatrathAdvocateand Mr GP SinghAdvocate Z for the Mr RameshwarMalik Addl AG Haryana tr WithMs Mamta Singhal Talwar Assu AG Haryana Mr NamitKumar Advocate I Mr RC Malik SeniorAdvocate with 0 Mr Kohal Dev SharmaAdvocate Z Mr JagbirMalik Advocate forthe OO 1e Tobe referredto theReporters or not7 7 Z 2 the shouldbe in the Digest2 tl MeM KUMAR 3e r 1 This order shall of a bunch of 10 petitionsinvolving r thefacts have been referredfrom common of law and facts However CWPNo 17449 of2008 2 The Guest workingin theHaryanaEducation Department havefiledthe instantpetitionunder Article 226 of the Constitutionchallenging amendmentsmade in thestatutory rules vide impugned notifications dated 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document ClUrNo 17449of2008 8 connectedpetitions 2 Il 0 C 1 4 2432008 Pl to P49 Furtherchallenge has been madeto the 1 StateTeachersEligibilityTest orbrevity 1SSUanceof ProSpectus for 4 Test9as also dated1382009 Pe89 of the ligibilityTest as an condition for recnlitmentof 1 all Still furthera prayerhasbeenmadefor directing the teachersof official toconsiderthe for against theposts 4 which have been vide advertisementdated 1382009 without 1e Test offactualmatrixmay be noticed In the 0 3 At the outsetthe contour 0 different set of Rules of Education Haryanathere are I C5 ofTeachersto GrouIBandGroul posts TheseRulesarnown I 1994 1 Z of 1994 which were amendedbythe Haryana 6for brevitythe ServiceRules tr Education District CadreServiceRules 2003 or brevity I the 2003 Rule These Rules govern the of serviceof Primary and Junior Basic Trained Teacher The Z such as Head of Middle School and concernmg such as PunjabiHindi Sanskrit and Masters in vanous aw Z by the HaryanaStateEducation TrainingInstructorsetc are Qm for brevity the ServiceRulesof SchoolCadre ServiceRules 1998 19989The HaryanaState and Cadre96GroupB9 1 for brevity 4School andInspection Cadre Rules9 also Service Rulesl concemingappointmentand conditions of prescribecertaln ofpersons recruitedto the GrouIB Service of EducationDepanment service 1 suchas Assistant Director DistrictEducation OfficerlSub Education Officer SpecialistBlock Education 1 I l 1 1 r r Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 3 c108 Io 17449of 20088 connectedpetitions 1 i l C 5l 1 Lecturer 4 Otherthanthisthe Rules calledtheHaryanaState Rules19986forbrevitythe Lecturer Rules relateto Cadre Service 4 BAIBSc and BEd or 1042 JBTIDEdfETT or VlZ 4 MAIMSc Ed withmore than 50Io and811fi11 the etce r as Rules for being C under the statory Inpara 20f the petition a detailedchart has been showing 0 Teachers 0 and of the theeducational bythe C5 for whichtheyare eligible I thatmore than 15000 5 The madein the show Z theStateofHaryana the teachershave ofteachersexlst lll theyear 2001 the State of Haryana 0 not been ltl full strengthIn vide notificationdated I the primaryschools to the Zila rescindedbyanothernotiflcationdated Z 3032001which was teachers in the 102005 The 0 period bythe ZilaParishadswouldbe schools duringthe interregnum 7 Z for was raised8om 1042to to qualify a test Their 0 that an attempt was madeto the numberof Thus lt 1S 1 b recruitedbythe Zila Parishads upwith the scarcityof teachers the 6 In 2005with a view to cope to make of GuestTeachers On Stateof Haryana 1 issuedfor of Guest Teachers 1722005 an advertisement was of Guest Teacherswas to the Thepower tomake Officers Block Officers and the District 1 1 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 4 C109 Oe 17449 of2008 85comectedpetitions 11 1 V 11 ofthe concemedinstitutions A largenumberof Guest who were trainedand were The were also as Guest in December2005 Education Haryana Bhiwani issued a 7e The Board of 1 of the Stateof Haryanato introducean on thebasis of the test for school etc The trainedand qualified teachersfiled CWPNo 1259of 2008 6Vijay and othersv Stateof Haryanaand 1 in this Court thesaid andthe actionof theState 0 passing of EligibilityTestas an essentialconditionfor 0 of Haryana C0 ofpostsofteachers It is claimedbythepetitioners recruitment to all I CD issuance of noticeof motionby a Division Bench of this Coun on that I the State ofHaryanaamendedthe statutoryRules byissuingseparate 2272008 Z dated243008 6exures P to P49In B ofall the e2 and Rules the SchoolLecturer Rules l Rules viz the School Rules of 1998 the of the Rules of 1994 andthe a5 School TeachersEligibilityTest STET has Certiflcateof having C insted P1 to I49 Anothernotiflcationdated2732008 has a7 Z beenissuedto amendpara 20f the earlier notificationdated17A2008 also Il thepass percentagefor candidatesbelonging to whichis to the effect that 1 caries shall be 50Io andforScheduledCaste candidates45fov f as teachers by Haana StaBSelection considerationfor for GovernmentSchoolsin Haryana Ithas furtherbeen thatthe numberofchances to appear andpass the test which an eligibleperson can avail be restrictedto three in case of General Categorycandidates and four uz case of Categorycandidates 6Are P9 On 2572008 when the aforementioned writ petition came upfor considerationthe 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document Cff Vo 17449of2008 85connectedpetitions 5 C 1 V 1 Division Benchpassed thefollowingorderl 44 Thiswrit petition hasbeen filed with a prayerto quash action of nOe 5 to issue a to hold the StateTeachers EligibilityTest STET9 It is contentionof counsel for the that the abovesaid test has been fixed without any for the same in the servicerules the prOVlSlOn appointment to thepostsof Masters Teachers and Lecturers in m r Schoolsin the StateofHaryana ofmotionwas issuedin this case on July22 2008 In 0 C3 to notice short replyhas been flled whereinit has been I CD that intentionto amendthe servicerules was bythe I StateGovernment byissuingnotificationdated April 17 2008 Z issued Admittedly the above said was m Rules have been effectedand notifledonlyOll Q amendment111the I July24 2008 it is contentionof counselfor the that 08 therules to hold any eligibility test once therewas no provlSlOll111 oo it was not open for the to issue any prospectus to 3 Z conduct any test tl counselfor the parties we were Alter satisfiedwith theargumentraisedby counselfor the We were goingto restrainthe from conducting the 1 question till the next dateof hearingAt this stage Advocate by Shri SanjeevBansal Advocate on GeneralHaryana instructionsfroin Mr rag RastogiDirector Secondary EducationHaryana very fairly states that the withdrew the prospectus111 they will issue fresh 1 1 4 l 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 411 6 CWPNoe ted that in case if needbe Itis er the ln tes valid issuedshallbe theearlier respect to if so advisedmaY afreshnPetioners not apply and theY themshallbe paidby in that eventfee applyagain jt has the made In viewOf e of andthe same lS become thenotiflcatlonnoW laychallengeto 01 if so advised maY 1 Petitioners in theservlce C effectln by the 0 0 rulese 55 theBoard school issuedby 3 hasbeen 2008 8 0 Again a dated 8e m to 1 Bhiw lll it has been EducationHaryana ln the by the of Haryana Z Testwouldbe an oftheEligibility at passl also The t1 of teachers of all categones condion for Test ofdifferent oftest for C thescheme dateof eceiptof contams Thelast Z criteria etc 2 and Tests of teachers The CO Tests was fixedas C for TeachersLecturers Heads v2 of teachers VlZe 4 Z category differentdates between e for beheld on 0 to e were and ofHaryanahas C45 402008to thatthe State here to tothe Qo Itis also 9e fromtime to tlme Ct ofteachers posts Pe79e 3 beenadvertislng 2072006 innexure Z 1 issuedon was eligible for were onesuch persons 0m similarlY of the and Some in thesaid posts as per the respective avL Je to Section12 of aV L lt has been that NCTE has been established for ensunngplanned and coordinated of teachereducationand for and of standards for teachereducationSection12 eV Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 412 No 17449of2008 85connectedpetitions 8 rJW 1 er functionsofthe NCTE and clothedit With th POWr O Y 1 in respectof minimum for a personto be down as a teacher in or in institutions NCTE also lays 1 down norms for any specifiedcategoryof courses or tralnlngsin teacher includingthe minimum eligibilitycriteriafor admissionthereofand themethodof selectionof candidatesdurationof the course course contents andmode of curriculum It has also the power to minimUm 1 teacherunderclause 6d of for a person to be as a 0 to the the NCTE is like an Apex 0 Section12 of the Act 0 as without its recognition in terms of Section14 of the 1993 Body 32 C5 Act no institutioncould even start any new course or tralning ltl teachers I 1 education Z that under clause of Subw 12 It has furtherbeen m 0 of Section32 read with Section 126dofthe 1993Act the NCTE has I 84amedRegulations the National Council for Teacher Education 08 of Minimum for Recruitmentof Teachers lIl ClO r Schools 2001 6forbrevity the 2001 which came t7 Z for wef 492001 The 2001 Regulations are lntO 01 or aided or of teachers in all formal schools established run by the Central or StateGovernments and other authoritiesfor 1 education at elementaryprimaryand upper and senior secondarystagesRegulation 3 provides for for of teachers in educational institutions as givenin First and Second S1edule appended to the RegulationsIt has furtherbeen statedthat the prescribed in the First Schedule applyfor recruitment ofteachers forteachingschool subjectswhereasthequaliflcationsprescribed in the Second i Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 9 C0 17449of2008 85connectedpetitions Il 111 1 Scheduleapplyfor recruient of teachersfor PhysicalEducation However forrecruitmentof teachersfor activitiessuchas work arteducation etc existing as by the concemed would applyeFor ofteachersfrom one levelto the next level of teachingmimmum as glven lIl theSchedulesfor the levelwlld be Based upon the in the2001 it 13 hasbeen assertedthat for of ElementaryTeachersthe 0 School Certificate or Intermediateor its is Senior 0 C and Diplomaor CertificateinBasic TeachersTrainingof a duration Z CD ofnot less than two years or BachelorofElementaryEducation EIEd For 1 Z ofUpperPrimaryTeacher6Middle SchoolSectiolhe to the post Z Certificateor lntermediate or its is Senior 2 TeachersTrainingof a and Diplomaor Certiflcateltl 0 BachelorElementaryEducation duration of not less than two years or Z 08 thepostof SchoolTeacherthe 6BELEd For to rn withBachelor ofEducation6BEdl or its or is Graduate 7 Z BSc BEd or an course Similarlyfor Four Years Om Teacher the 1S to Senior 1 or Masters thereleriant with Bachelor of EducatiOnBC lts or Two Years MSc BEd course or an equivalent t ofPhysicalEducationInstitutionsfor Elementary For recruitment of teachers the is Senior Secondary SchoolCertificate or Intermediate Teacher inPhysicalEducation CPEc of a durationof orits and Certificate notless than two years or its For in School the qualiflcation 1S with Bachelor of PhysicalEducation 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 10 CVm114 O 17449 of 2008 8 connectedpetitions C 0 1 l4 We 6BPEde9 or its and for in Senior is lvEJMPEd 2 years Educationasan electivesubjectthe duration vide National Council for 14 The 2001 Were TeacherEducation of Minimum for Recruitment of Teachers111 endment 2003 6forbrevi07the 2003 1 and and the following mmimum 1 1 0 for recruitment of teachers ln educational 0 0 mentionedin Section20fthe Regulations I CD Minimum Academic and Level School 6Class le Nursery6For le childrenin the age group Ten9 Cettificate or its Z of4 6 yearso and 11 in Pre School teacher education t2 of a durationof programme not less than one year I School Class 110 PreSchooll Nursery le 08 followed by first two Twelve9 Certificate or 1 1 Intermediate its 00 formalschool or yearsin a 6forchildrenin the age with at least 7 groupof 4a6 and 68 45Iomarks and Z years9 1 111 11 Clm Nurseryteacher education programmeof durationof not less thantwo years Elementary le Senior School 111 a Primary Certificateor Intermediate or its equivalent and 1 11 Diplomaor Certiflcate 111 1 basicteachers trainingor a l durationof not Iess than two years OR Bachelor of Elementary P Education BEIEc b Upper Primary le Senior Secondary School Sectiono Certificate or Intermediate 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 11 CV150 17449of2008 8cconnectedpetitions 4C or its and lle Diplomaor Certificate 111 elementary teachers of a durationof not lessthan two years OR 1 Bachelor of Elementary Education6BEIEd OR with Bachelor of Education6BEdo or its School Gracatewith Bachelorof lV Education6BEdo or its 1 OR Four years 0 BSc Bi or an 0 course Senior PUC I Master s Degree in the V CD Intermediate relevant with Bachelor of EduCation I BEd9 or its OR Z Two Years a2 MSc Ed course or an course 31 C I the NCTE has not passing of Eligibility Test 08 150 OO Secondaryor SeniorSecondary for being as a teacher 111 7 that due to amendmentmade in the Z Schoolcategory It has been dated 243 2008 to Pe4 Qm StatoryRules by for Eligibility Test 150 lac candidateshavebeen renderedas 1 ineligible for consideredand as teacherswho are otherwise 1 eligibleas perthe framed by the NCTE Besides this the 1 of the Constitutionand various have so referredto the provislons ofHonble theSupreme Court whichshall be dealt with by us in the succeeding paras statement flled on behalfof official Nos 1 16 Inthe 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 12 1 17449of2008 e connected petitions 0 i 4D C 1 have beenmade that every year on an to 5 there is a for recruitmentof 5000 to 8000teachersfor the byth StateofHaryana There are lacs ofdegreeholderswho are schoolsrun all over the co with the passmgout om various JBT and BEd The qualityof degreeholderspassingout8om such of differsdrasticallyIt has been thatpassing ofthe Eligibility Test is aimedat recruitmentof onlygoodquality It has also bee 1 outthat so far threeEligibility havebeen held in July2008 July r 1 candidateshave suchteste 2009andDecember2009 andnearly 0 0 Ithasbeen that a similarcontroversy up beforeHonblethe Board UePev Upendra Rai C5 SupremeCourtin the case of Basic Z have upheldthe rightof the State 200893 SCC 432 and their Z the eligibility for recruitmentof teachers Govemment111 m the Q It has been that the 2001 as I ofNCTE on the 08 framedby the NCTE only nunimum amendedby 2003 CQ forteachersto be recruitedin different academicand ma0 Z institutionsThose do not the rightof the tl additional of eligibili criteriafor StateGovemmentto out of lacs of who mightcome goodquality forward to seek Moreoverthe basic by 1 havetiot been changed or altered Ithas thus been that theNCTE of passingof Test as an essential the basic best talent available It has been deniedthat any condition 1S only to debarredrather the StateGovemment is strivingtoecruit candidatehas of the State of HaryanaThe 1 better teachersfor Govemment 1 1 19 r Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document C117 17449of20088i connectedpetitions 13 V C l6V best StateofHaryanais making efrt to fill up vacmt postsbyrecruiting out the exigencyIt has also been pointed out that against the teachersto meet available vacanciesofteachersnearly50000 STET pass candidatesare available for which are with the HaryanaPublic Service 1 StaffSelectionCommission 17 In the filed bythe againthe ofthe 2001 have reiteratedandit hasbeen submittedthat once the 1 NCTEhas the minimum for a personto be C at various levelsof Schooleducation a person who possesssuch 0 as a C0 would be eligibleto be as a teacher and nobodyhas the I CD to declaresuch a personineligibleIt hasbeen that byvirtue I isuniformtrainingin Teacherseducationthereforethere ofthe1993Actthere Z is no needfor passingofeligibility test All thepersonswho possess theminimumreqilired are eligible to competeReferencehas also Q 40fthe 2001 which that all I beenmadeto 08 States shouldbringamendmentin their rules in terms of the the 7 2001 3 Z 40fthe 2001Regulations tl ExistingRecruitmentRules may be modifiedwithin a periodof 3 yearsso as to tllem in conformitywith the In the meile teachers as lll subsequent to the issue of 1 per xistingRecruitment 1 1 will be to acquirethe as these in the Schedule 03 18 It has furtherbeen by thepetitioners that thejudgment ofHonble the SupremeCourt in Rais case Csupra9 is not applicable to 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 1 CV110 17449of200885connectedpetitions 14 l1 Il r 71 t to them the framedbythe 1 thefas of the presentcase 1 NCTE were never to the noticeof Honble the Supreme Court in the said case In para 23 of the it has been on the basisof receivedunder the to InformationAct 2005 that only5Io have been able to pass theEligibilityTest on their own and the Teste issue which has beenraisedin the Sledby the 19 1 theguestteacherswere earlier grantedrelaxationfrom petitioners is that the said relaxation has been the EligibilityTest 0 00 by this Court rendering15000 workingteachers ineligibleto CD for the poststheyhad appliedforIt has been that such rl teachers wouldlose their jobswhen selectionof teacherson regular basis Z wouldbe m filedaddional informationbyfilingCM 20 The havealso recordthe statisticswith regardto STET No 8139 of 2010 placingon 08 position ofteachersas on 332010 P Examinations and m 85P119 Theyhave also on recorda copy of the Gazettenotification 3 Z of Law and Justice Govemment of dated272009 issuedbYthe Llm of Childrento Free and Compulsory EducationAct Indiawherebythe 2009 or the 2009 Act9has been notified It is pertinent to mention thatthe 2009 Act hasbeen with an objectthat the children of the age 1 get free and educationand it came into force groupof 6 to 14 5Iears 1 42010 Section 23 of the 2009 Act the for vvfe 1n 23 for appointment andterms and conditions of serviceof teachers 01Any person such minimum i 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 15 cL11910 17449of2008 8cconnectedpetitions C 4 as laid downby an academicauthorityauthorised by the Central Govemment bynotificationshall be eligiblefor as a teacher 62 Where a State doesnot have adequateinstitutions offeringcourses or trairung lIl teachereducation or tehers possesslng minunum as laid down under subwsection 919are notavailablein sufficientnumbersthe Central 1 if it deems necessall by notification relax the minimum requiredfor as a teacherfor such 0 0 periodnot five years as maybe specifled in that I CD notification I that a teacher who at the commencementof this Z as laid down under Act does not possessmlnlmum subsection1 shall suchmini Within a r I period of five yearSe 08 63 The and allowances payable to and the terms Cn and conditionsof service of teachersshall be such as may be 7 1 Z 0m Inpara 13 of the said it has also been statedthat the 21 stateGovernmentin ofthe servicesrenderedby the Guest Teachers issueda letter dated 372009 them exemption from passingthe EligibilityTest said letter was before this Court in CWP No 4562of 2009 and other connectedpetitions A Division Bench of this Court 1 allowedthe writ and set aside the ordergrantingexemption to the Guest Teachersfrom passingthe Test vide order dated 6A0 10 The Guest Teachersthen filed Civil AppealNo 9247 of 2010 6GurpalSinghVn 1 Il 1 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document C20 Jo 17449of2008 connectedpetitions 16 C l Stateof Honble the Supreme Court consideringthe fact at in f dated 1862009 the selectionprocesshas already of and the Guest who were not parties beforethe Division Benchof the Court have also applied for selectionhas libertyto them to in the selectionprocessbut their final result would not be till 8irther ordersofthe Court vide order dated1562010 22 Mr Krishan Chatrath leamed Senior counsel for the has arguedthat the of passingthe Q theGuest Teachersbecausethey test would not be on 0 0 in December2005 whereasthe has been addedby were CD way of amending statutoryServiceRulesof 1998 SchoolandInspectorCadre I Rules andthe ServiceRules of 1994 andthe 2000 Rules Rules SchoolLecturer Z counselin the advertisementfor regularrecruitment According to the be to nonesuitthe Guest faculty 0 such a to anotherfacet ofhis argumentMr Chatrathhas submiuedthat the I 08 when Constitution EightySixth9 were recruitedas Guest CQ AmendmentAct 2002 was notifiedand byway of amendmentArticles 21 7 Z and51A6kwere added anothersubmissionthat by virtue of 23 Mr Chatrathhas thos candidateswho have the trainingceni8catesand degreesasper the norms andstandardsfixedby the NCTE which is a primary m Act havebeen renderedineligible According body 1993 2 to thelearned counsel NCTEhas framed 2001 Regulations in dischargeof its function under Section 126d and in exercise of its power under Section ofthe 1993 Act The 2001 Regulations have been made effective asamendedin 2005 It has beenmaintainedthat by Regulation 4 from 42001 t 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document t1 of2008 8 connectedpetitions 17 CF121 0n 1 rv C 4 adirectionhas been issuedto all the to amendtheir recruitmentrulesand 8amedbythe NCTE 24 Challengingthecompetence of the Haryana to frame law with regardto of for to vanous or additional by way of amendment teachingposts Mr Chatrathhas that the Constitution for distributionof powersto makelaws on In that regard he hasrefenedto 1 1 StateList and ListII 1ee 1 VIIth ListeI ie Union List ListI 1eea 0 List and has placed on Article 254 of the Constitutionto 0 0 that the amendmentmadeby theHaryanaLegislature 1S in consistent with argue I CD the law made by the Parliament of 1993 Act and the 2001 I and thereforethe argumentis that the Haryana framed Z theCentrallegislationwhichlaid down the minimum law must giveway to of educational for of a teacher According 0 the 1993Act was enactedby the Parliamentwith aliew tothe learned 08 and coordinated developmentofteacherseducationand for to achieve 1 OO c malntenanceof its standardsuniformly country He has made Z to Section126d9 which thatthe lnctionof the elaborate r in respectof minimum for NCTE is to lay down to be as teacherin schools or 10 institutions persons the power of the NCTEto make under Section 3262i9 learned stated that such made providefor 1 1 for a personto Section 12 What arrearsto have been is that once the Parliament has 41 Act and the 2001 Regulations with regardto minimum framedthe 1993 of a personto beemployed as teacherhl hool or l a recognd 1 Anita 2014.04.04 12: 28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:45 I attest to the accuracy and integrity of this document 1 422 PNo 17449of2008 6 connectedpetitions 18 1 1 institutionthenthe State has no power ThereforetheHaryana Act cannot byamendmentmade in the year 2005 could the eligibility test by amending vanous rules for various types of teacherse to the leamed counselthe fleld is occupied alreadyand in thatregard he hasplacedreliance on paras 16 to 18 23 and 27 ofthe judgment ofHonble theSupreme Court renderedin the case ofGuiarat University v Shri Krishna AIR 1963SC 703oaras 23 24 and 25 of Osmania Universitv Teachers a Association v State of Andhra Pradesh AIR 1987 SC 2034 paras23 and 30 0 0 of the judgmentrendered in the case of Java Gokul Education Trust Ve 0 Diocese of Kaniirapally AIR 2000 SC 1614 and para 16 of thejudgment ln I C49 thecase ofRlV Gupta v StateofHarvana 2001 11SCT 417 Z 25 his argument furtherleamed counsel hassubmittedthat Z 5t HonbIe theSupreme Court has laid down that the StateLegislature m L cannotprescribe higher than the one by the Parliament Z by enactingan Act Thereforethe Iaw made by the Parliament which is a I o8 superiorbody as per our Constitutional Scheme must be upheldand the law CO 1lCt framedbythe StateLegislature on the same subject must be declaredvoid to the 9W2 Z 1 extent of repugnancy Therefore the stand of the State that Ll of minimum qualification by the NCTE does not create any