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2018 DIGILAW 2120 (RAJ)

Sachin Mishra v. State of Rajasthan

2018-10-24

G.R.MOOLCHANDANI, PRADEEP NANDRAJOG

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JUDGMENT : 1. D.B. Civil Misc. Application No.78797/2018: The applicants are empanelled candidates and thus would be a necessary party in the appeal. The application is allowed. The applicants are impleaded as respondents in the appeal. D.B. Special Appeal Writ No. 1242/2018: The appellants were the writ petitioners before the learned Single Judge. Vide order dated 25/09/2018 the writ petition has been dismissed. 2. Case pleaded by the appellants before the learned Single Judge was that those candidates who had cleared the Rajasthan Eligibility Examination for Teachers (REET)-2017 before they were formerly awarded B.Ed degrees be declared ineligible to be appointed as Teacher Grade-III, Level-2 in the State of Rajasthan. The appellants had prayed that the advertisement inviting applications from the eligible candidates be quashed to the extent it provided that necessary educational qualifications have to be obtained on or before the last date of submitting applications, which we note was 25/08/2018. 3. The precise contention of the appellants is that eligibility to clear the Rajasthan Eligibility Examination for Teachers is the requirement of the candidates having a Bachelor s degree in education and thus it is prayed that the eligibility condition prescribed in the advertisement inviting applications, required the eligibility to be achieved by the last date of filing the application be quashed. 4. It is not in dispute that the National Council for Teachers Education, exercising power under sub-Section (1) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 has prescribed educational qualification for being appointed as teachers in schools and one such educational qualification is a B.Ed. degree. It is also not in dispute that on 11/02/2011 National Council for Teachers Education, prescribed guidelines for conducting Teachers Eligibility Test under the Right of Children to Free and Compulsory Education Act, 2009. The guidelines require that apart from other educational qualifications for a person to be eligible to be appointed as a teacher he has to clear the Teachers Eligibility Test conducted by the State Governments in accordance with the guidelines framed. It is also not in dispute that guidelines which were framed, vide clause 5 (ii) stipulate that a person who is pursuing any of the teachers education course (recognized by NCTE or RCI, as the case may be) specified in the NCTE notification dated 23/08/2010 would be eligible to appear at the Teachers Eligibility Test. 5. It is also not in dispute that guidelines which were framed, vide clause 5 (ii) stipulate that a person who is pursuing any of the teachers education course (recognized by NCTE or RCI, as the case may be) specified in the NCTE notification dated 23/08/2010 would be eligible to appear at the Teachers Eligibility Test. 5. The reason for said stipulation in the guidelines is that there is a time lag between completion of a B.Ed course; the conduct of formal examination and the declaration of result. During this interregnum period various States conduct the Teachers Eligibility Test. In other words, the candidates who have completed or are towards the last lag of the course duration for a B.Ed degree become eligible to take the Teachers Examination Test. 6. Thus, it cannot be said that a person who takes the Teachers Education Test must have obtained a B.Ed degree before the person takes the examination. 7. The requirement of law to be appointed as a teacher is that the person must have obtained a B.Ed degree and cleared the Teacher Education Test conducted by the State. To be appointed as a teacher, both the qualifications have to be obtained before the last date for filing the application. 8. The view taken by the learned Single Judge is thus correct. The candidates who were in the final year of B.Ed course were entitled to take the Teachers Examination Test and upon clearing the test and simultaneously obtaining a B.Ed degree in the meanwhile they would be entitled to apply for being appointed as teachers. 9. On facts, it is not in dispute that no person who had not cleared the Teachers Eligibility Test and additionally had not obtained a B.Ed degree before 25/08/2018 is being held eligible to be appointed as a teacher. In other words, the respondents have ensured that by the cut off date i.e. 25/08/2018 the candidates offering their candidature to be appointed as a teacher in the State of Rajasthan had cleared the Rajasthan Eligibility Examination for Teachers-2017 and had also obtained a B.Ed. Degree. 10. The appeal is dismissed.