Friday, June 29, 2012

RTET : ग्रेड थर्ड शिक्षक भर्ती: फिर से जारी होंगे 16 जिलों के परिणाम




RTET : ग्रेड थर्ड शिक्षक भर्ती: फिर से जारी होंगे 16 जिलों के परिणाम


Result of Grade 3rd Teacher Recruitment of 16 Districts in Rajasthan are Going to Again Change -
See News :

जयपुर.तृतीय श्रेणी शिक्षक भर्ती परीक्षा प्रथम लेवल के 16 जिलों के परिणाम नए सिरे से जारी होंगे। मंगलवार को घोषित इन जिलों के परिणाम में आरक्षण संबंधी गड़बड़ी का पता चलने के बाद पंचायती राज विभाग ने ये निर्देश दिए हैं। दरअसल रिजल्ट में भीलवाड़ा, धौलपुर, राजसमंद, सिरोही, अलवर, बाड़मेर, जयपुर, सवाई माधोपुर, जैसलमेर और सीकर में एसबीसी के अभ्यर्थियों की कट ऑफ लिस्ट ओबीसी से भी ज्यादा जारी कर दी गई थी


इसके अलावा अजमेर, चित्तौड़गढ़, बूंदी, कोटा और उदयपुर में एसबीसी की कटऑफ सामान्य व ओबीसी से अधिक रख दी गई थी। बारां जिले में एसबीसी की कटऑफ सामान्य से अधिक थी। विभाग ने जिला परीक्षा नियंत्रकों (कलेक्टरों) को गुरुवार तक आवश्यक रूप से प्रावधानों के अनुसार कट ऑफ लिस्ट जारी करने को कहा है। वास्तव में एसबीसी के अभ्यर्थियों को पहले ओबीसी में आरक्षण दिया जाएगा और उसके बाद एसबीसी के लिए तय एक प्रतिशत में आरक्षण मिलेगा। जिला परिषदों को वर्गवार विज्ञापित पदों से दो गुना कट ऑफ लिस्ट जारी करने के लिए कहा गया था


होना यह चाहिए : आरक्षण की व्यवस्था के अनुसार भर्ती परिणाम में पहले सामान्य की वरीयता सूची बनती है। इसमें सभी वर्गो के मेरिटोरियस अभ्यर्थियों को शामिल किया जाता है। इसके बाद बचे अभ्यर्थियों को उनके वर्ग एससी, एसटी या ओबीसी में आरक्षण का लाभ मिलेगा। विशेष पिछड़ा वर्ग के अभ्यर्थियों को सामान्य व ओबीसी में आरक्षण का लाभ लेने के बाद एसबीसी (एक प्रतिशत) में लाभ लेने के हक होगा।


यह है प्रावधान : राज्य सरकार के कार्मिक विभाग की ओर से 6 मई, 2010 को जारी आदेश में स्पष्ट किया जा चुका है कि विशेष पिछड़ा वर्ग में आने वाली जातियों यथा गुर्जर, बंजारा, रेबारी और गाडिया लौहार पहले ओबीसी में उपलब्ध सीटों पर आरक्षण पा सकेंगे। जो इनमें नहीं आ सकेंगे वे एसबीसी में आरक्षण पाने के हकदार होंगे।


गुर्जर नेताओं ने किया एतराज : तृतीय श्रेणी शिक्षक परीक्षा का यह परिणाम बकवास है। सरकार को इस बारे में बता दिया गया है। परीक्षा का संशोधित परिणाम घोषित किया जाए। दो दिन पहले ही जयपुर में मुख्य सचिव और एसीएस गृह से चर्चा हो चुकी है, फिर ये अन्याय क्यों?
-कर्नल किरोड़ी सिंह बैसला, गुर्जर आरक्षण आंदोलन के मुखिया।


'रिजल्ट में एसबीसी अभ्यर्थियों के साथ अन्याय हुआ है। उम्मीद है मुख्यमंत्री इस मामले में युवाओं को उनका हक दिलाएंगे।'
डॉ विक्रम सिंह गुर्जर, प्रदेशाध्यक्ष, युवा गुर्जर महासभा


'एसबीसी को ओबीसी के आरक्षण से अदेय कर दिया है। यह अन्याय है। इस बारे में मुख्य सचिव को ज्ञापन दिया गया है'।
- डॉ. रूप सिंह, राष्ट्रीय प्रवक्ता गुर्जर आंदोलन।

'शिक्षक भर्ती का परिणाम गलत है, इसे संशोधित करके फिर से जारी किया जाए।'
-हिम्मत सिंह, गुर्जर नेता।


News Source : http://www.bhaskar.com/article/RAJ-JAI-third-grade-teacher-recruitment-will-be-re-released-the-results-of-16-districts-3455526.html?HF-34= / Bhaskar.com ( 28.06.2012)
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As per above NEWS, You can see GENERAL CATEGORY Candidate are highly affected, Because if RESERVED CANDIDATE obtain SCORE/MARKS in TOP 50 Percentile , then THESE CANDIDATES are treated as GENERAL CATEGORY Candidate. And LOWER 50 Percentile Seats are filled by Reserved Category Candidates.

In these DAYS , candidates are facing problem of POPULATION, CORRUPTION  as well.
Additionally from the beginning RESERVATION happens in ADMISSIONS, And after Selection RESERVATION happens in PROMOTION as well.

RESERVATION is required for certain categories, But timely review of reservation, Creamy layer , etc. is also important.
Sometimes, In a affluent Reserved category family, Many persons get benefit of reservation and can have many class -I officers in a family, After that their Child can take again benefit of reservation.

While, I felt RESERVATION is for Weaker Section of Society.

RTET : ग्रेड थर्ड शिक्षक भर्ती:जनरल महिला के मार्क्‍स एससी-एसटी से भी कम



RTET : ग्रेड थर्ड शिक्षक भर्ती:जनरल महिला के मार्क्‍स एससी-एसटी से भी कम

Rahasthan Grade 3rd / IIIrd Teacher Recruitment result is Declared, And it is totally surprising that SC/ST Famale candidates are getting more marks than General category Female candidates.

SC/ST Candidates who got marks in top 50% i.e General category are comes General category selection , 
After that remaining reserved seats of SC/ST filled for selection (As far as I know)

But see below news -



>जानकारों के अनुसार जिला परिषद की ओर से जारी किया गया परिणाम सही नहीं

>स्थिति स्पष्ट नहीं होने से अभ्यर्थी दिन भर रहे परेशान

जैसलमेर/जोधपुर.शिक्षक भर्ती प्रथम स्तर की जिला परिषद की ओर से जारी किए गए परिणाम में सामान्य वर्ग की महिला के कट ऑफ मार्क्‍स एससी-एसटी महिला से भी कम होने पर सवाल उठने लगे हैं। बुधवार को भी इसको लेकर असमंजस की स्थिति बनी रही वहीं जिला परिषद की ओर से आधिकारिक तौर पर किसी ने भी जवाब नहीं दिया।

मंगलवार देर शाम जिला परिषद की ओर से तृतीय श्रेणी भर्ती परीक्षा परिणाम जारी किया गया। सामान्य वर्ग महिला के कट ऑफ मार्क्‍स आरक्षित सभी वर्ग की महिलाओं से कम होने से अभ्यर्थी चौंके । सूत्रों के मुताबिक जिला परिषद अधिकारियों को इस संबंध में जानकारी हो गई है और वहां रिवाइज सूची तैयार की जा रही है। मगर बुधवार देर शाम तक जिला परिषद की ओर से किसी भी प्रकार की रिवाइज लिस्ट जारी नहीं की गई

जानकारों के मुताबिक यह संभव नहीं है कि सामान्य महिला के कट ऑफ सभी आरक्षित वर्ग की महिलाओं से कम हो।रोस्टर प्रणाली के तहत यदि आरक्षित वर्ग का अभ्यर्थी अधिक अंक लाता है तो वह सामान्य वर्ग की सूची में शामिल हो जाता है। ऐसे में हमेशा सामान्य वर्ग के कट ऑफ मार्क्‍स अन्य आरक्षित वर्ग से ज्यादा रहते हैं लेकिन जैसलमेर में सामान्य महिला के कट ऑफ मार्क्‍स 98.67 है, ओबीसी महिला के 124.27, अनुसूचित जाति महिला 101.13 और अनुसूचित जनजाति महिला के कट ऑफ मार्क्‍स 105.40 रहे।

कोई नहीं दे रहा जवाब -
अभ्यर्थियों ने जिला परिषद जाकर यह जानने की भी कोशिश की लेकिन किसी ने जवाब नहीं दिया। यहां तक बुधवार सुबह तक अधिकारी यही कहते रहे दुगुने अभ्यर्थियों की सूची जारी की है, इस कारण ऐसा हुआ है। लेकिन शाम तक चर्चा रही कि जिला परिषद दोबारा जांच कर रही है। लेकिन देर शाम तक किसी भी प्रकार की रिवाइज लिस्ट जारी नहीं की गई।


आधिकारिक तौर पर कोई नहीं बोल रहा
जानकारों के मुताबिक परिणाम सूची में कुछ न कुछ खामियां रही हैं। जिला परिषद अंदर ही अंदर परिणाम को खंगालना शुरू कर दिया है और रिवाइज लिस्ट जारी करने की तैयारी की जा रही है। सूत्रों के अनुसार गुरुवार को रिवाइज लिस्ट निकल सकती है। हालांकि आधिकारिक तौर पर इसकी पुष्टि नहीं की गई।


'यदि परिणाम में कुछ कमी रहने के कारण कट ऑफ मार्क्‍स सही नहीं है तो इसकी जांच करवाई जाएगी।'

शुचि त्यागी, कलेक्टर, जैसलमेर


News Source : http://www.bhaskar.com/article/RAJ-JOD-third-grade-teacher-recruitment-general-womens-marks-sc---st-less-than-3458461.html?HF-22=
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It is really SURPRISING RESULT in Rajasthan -
For example ( as I felt) : -
There are TOTAL 100 Seats, 
As per reservation policy Top 50 for General
After that Below - 50 for Reserved Category 


Suppose 30 Reserved Category Candidates (SC/ST) got score in TOP 50,
Then these Reserved Category  candidates are treated for - GENERAL CATEGORY.
Remaining Seats for General becomes = 20
--------------------------------------------------


After filling TOP 50 Seats, Below 50 Seats for RESERVED Category Starting,
And 23 Seats (23% as per my knowledge) are filled against SC/ST Quota.

Saturday, June 23, 2012

RTET : टेट में इस बार नहीं चलेगा पुराना फ़ॉर्मूला, बोर्ड ने किए महत्वपूर्ण बदलाव


RTET : टेट में इस बार नहीं चलेगा पुराना फ़ॉर्मूला, बोर्ड ने किए महत्वपूर्ण बदलाव

माध्यमिक शिक्षा बोर्ड ने इस बार टेट के लिए आवेदन प्रक्रिया में बदलाव किया गया है। यह सबकुछ ग्रेड थर्ड शिक्षक भर्ती के कड़वे अनुभव को देखते हुए किया गया है। दो स्तरों पर आयोजित होने वाली इस पात्रता परीक्षा में अब दोनों लेवल के लिए न्यूनतम तीन साल के शिक्षक प्रशिक्षण की पात्रता होने वाले अभ्यर्थियों को ही शामिल किया जा रहा है। परीक्षा आठ सितंबर को होने जा रही है। परीक्षा प्रथम और द्वितीय दो चरणों में आयोजित की जाएगी। प्रथम स्तर कक्षा एक से पांच और दूसरा स्तर कक्षा छह से आठ तक के लिए आयोजित किया जाएगा। पिछले साल बोर्ड की ओर से आयोजित की गई इस परीक्षा में बीएड योग्यताधारियों को लेवल प्रथम और लेवल द्वितीय की परीक्षा के लिए पात्र माना गया था। इतना ही नहीं बोर्ड की ओर से इन्हें शिक्षक पात्रता के प्रमाण पत्र भी जारी कर दिए गए थे। इसका खामियाजा हाल ही में हुई तृतीय श्रेणी शिक्षक भर्ती परीक्षा में विवादास्पद स्थितियों के रूप में सरकार को झेलना पड़ा। इतना ही नहीं यह भर्ती प्रकरण न्यायालय तक पहुंच गया। भर्ती के दौरान अपना हक छीनने का बीएड और बीएसटीसी योग्यताधारियों में जबर्दस्त टकराव हो गया था। जिसके बाद न्यायालय ने बीएड योग्यताधारियों को लेवल प्रथम की परीक्षा के लिए अपात्र माना। अब माध्यमिक शिक्षा बोर्ड की ओर से मांगे जा रहे टेट परीक्षा आवेदनों में सिर्फ उन्हीं अभ्यर्थियों को दोनों परीक्षा स्तरों के लिए पात्र माना जा रहा है जिनके पास बीएसटीसी और बीएड की योग्यताएं हैं। सिर्फ ऐसे अभ्यर्थी ही दोनों स्तर की परीक्षाओं में प्रविष्ट हो सकेंगे। साथ ही सिर्फ बीएड की पात्रता रखने वाले अभ्यर्थियों को प्रथम स्तर की टेट परीक्षा के लिए पात्र नहीं माना जा रहा है। ऑनलाइन आवेदन पत्र भरते समय सिर्फ बीएड की योग्यता वाले अभ्यर्थियों को दोनों स्तरों की टेट परीक्षा के लिए पात्र नहीं माना जा रहा है। इनका ऑनलाइन फॉर्म ही जनरेट नहीं हो रहा है। अभी तक संग्रहण केंद्र तय नहीं राजस्थान अध्यापक पात्रता परीक्षा के आवेदन जमा कराने के संग्रहण केंद्रों की घोषणा नहीं होने से अभ्यर्थी असमंजस में हैं। परीक्षा के लिए अभ्यर्थी आवेदन करने के बाद कॉलेजों में चक्कर लगा रहे हैं लेकिन कोई संतोषजनक जवाब नहीं मिल पा रहा है। 14 जून से शुरू हुई ऑनलाइन फार्म जमा कराने की प्रक्रिया के तहत अभी तक 15 हजार से अधिक आवेदन हो चुके हैं। शेखावाटी से 60 हजार अभ्यर्थी शामिल होने की उम्मीद है। बोर्ड ने इस बार व्यवस्था की है कि आरटेट 2011 की परीक्षा के अंकों में सुधार के लिए भी अभ्यर्थी प्राप्तांक सुधार के लिए आवेदन कर सकता है। कई अभ्यर्थियों के मन में आशंका है कि वे आरटेट 2012 की परीक्षा में बैठने के बाद 2011 की तुलना में आरटेट में अंक कम आए तो फिर बोर्ड कौन से अंक मानेगा। पूर्व में 2011 में आए या फिर 2012 में आए अंक। इस बात की शंका को देखते हुए पिछले साल आरटेट में सफल हो चुके अभ्यर्थी इस बार आवेदन नहीं कर रहे हैं क्योंकि इस बार आरटेट के ऑनलाइन फार्म में पिछले साल के आरटेट के रोल नंबर भी मांगे जा रहे हैं। बोर्ड अध्यक्ष का कहना है कि अभ्यर्थियों आवेदन जमा कराने को लेकर चिंतित नहीं हों। बोर्ड द्वारा जारी विज्ञप्ति में सेंटर्स की घोषणा बाद में करने की बात कही जा चुकी है। जल्दी ही संग्रहण केंद्रों की घोषणा कर देंगे।


News Source : Bhaskar.com ( 23.6.12) / http://www.bhaskar.com/article/RAJ-OTH-tet-will-not-this-time-the-old-formula-the-board-created-the-new-3443912.html?HF-16
*******************
See Above News, Here you can found that B Ed  Holders are NOT ELIGIBLE for Primary Teacher Level TET Exam.
As per NCTE Guideline , B. Ed Holders are eligible upto 1st Jan 2012 for Primary Teacher jobs.

Tuesday, June 12, 2012

Latest RTET 2012 News : अजमेर : राजस्थान अध्यापक पात्रता परीक्षा 2012 : ऑनलाइन आवेदन पत्र भरने की तिथि 14 जून से 09 जुलाई 2012 (अपराह्न 02.00 बजे तक)

Latest RTET 2012 News : अजमेर : राजस्थान अध्यापक पात्रता परीक्षा 2012 : ऑनलाइन आवेदन पत्र भरने की तिथि 14 जून से 09 जुलाई 2012 (अपराह्न 02.00 बजे तक)

ऑनलाइन आवेदन पत्र भरने की तिथि
14 जून से 09 जुलाई 2012 (अपराह्न 02.00 बजे तक)

बैंक चालान जमा कराने की तिथि
14 जून से 09 जुलाई 2012 (अपराह्न 05.00 बजे तक)

परीक्षा तिथि : 09 सितम्बर, 2012

Rajasthan Teacher Eligibility Test 2012 (RTET 2012) will be conducted by Board of School Education, Rajasthan as a nodal agency ordered by Govt. of Rajasthan. Board of School Education, Rajasthan has published an advertisement regarding RTET 2012 on its official website http://www.rtetbser.com and http://www.rtetbser.org. Rajasthan Teacher Eligibility Test 2012 (RTET 2012) will be conduct as per following schedule.

 
RTET 2012 Schedule:

  • Online Application: 14 June to 09 July 2012
  • Submission of Bank Challan: 14 June to 09 July 2012
  • Date of Examination: Sunday, 9th September, 2012
  • Timing: Level-I: 11.00 am to 12.30 noon
    Level-II 02.00 pm to 3.30 pm


Monday, June 11, 2012

Rajasthan University B.Com Result 2012 Part 1, Part 2 & Part 3 – uniraj.ac.in



Rajasthan University B.Com Result 2012 Part 1, Part 2 & Part 3 – uniraj.ac.in



Rajasthan University of Jaipur has recently declare B.Com Result 2012 for Part 1, Part 2 and Part 3 annual results 1st Year Exam on uniraj.ac.in official website for it.


Earlier, Rajasthan University conducted the Bachelor of Commerce examination for all the years students from FY, SY and TY from all the colleges and institutes. Around 80,000 candidates applied for the exam of Feb March month.


Rajasthan University Result 2012 for B.Com 1st Year, 2nd Year and 3rd Year annual exam of Part 1, Part 2 and Part 3 will be available online under the main site. Please just use your roll number or admit card to get the marks of each subjects.



Tags: BA / B.Com / B.Sc Results 2012, Part 1 Result, Part 2 Result, Part 3 Result, Rajasthan University Results, www.uniraj.ac.in

RTET 2012 Notification, Exam Date, Application Form | www.rtetbser.com | www.rtetbser.org

RTET 2012 Notification, Exam Date, Application Form


  • ऑनलाइन आवेदन पत्र भरने की तिथि
    14 जून से 09 जुलाई 2012 (अपराह्न 02.00 बजे तक)
  • बैंक चालान जमा कराने की तिथि
    14 जून से 09 जुलाई 2012 (अपराह्न 05.00 बजे तक)
  • परीक्षा तिथि : 09 सितम्बर, 2012 



Rajasthan Teacher Eligibility Test 2012 (RTET 2012) will be conducted by Board of School Education, Rajasthan as a nodal agency ordered by Govt. of Rajasthan. Board of School Education, Rajasthan has published an advertisement regarding RTET 2012 on its official website http://www.rtetbser.com and http://www.rtetbser.org. Rajasthan Teacher Eligibility Test 2012 (RTET 2012) will be conduct as per following schedule.

RTET 2012 Schedule:
  • Online Application: 14 June to 09 July 2012
  • Submission of Bank Challan: 14 June to 09 July 2012
  • Date of Examination: Sunday, 9th September, 2012
  • Timing: Level-I: 11.00 am to 12.30 noon
    Level-II 02.00 pm to 3.30 pm

To See Complete Details , Visit : http://www.rtetbser.com/




RTET 2012 : प्राइमरी टीचर्स पात्रता के लिए बीएड धारियों को मौका नहीं



RTET 2012 : प्राइमरी टीचर्स पात्रता के लिए बीएड धारियों को मौका नहीं



अजमेर.आरटेट 2012  में पहले स्तर अर्थात कक्षा 1 से 5 तक की शिक्षक पात्रता के लिए बीएडधारी प्रविष्ट नहीं हो सकेंगे। बोर्ड कार्यक्रम के मुताबिक कक्षा 1 से 5 तक (स्तर-प्रथम) के शिक्षक पात्रता के लिए न्यूनतम 50 फीसदी अंकों के साथ उच्चतर माध्यमिक एवं प्रारंभिक शिक्षा शास्त्र में दो वर्षीय डिप्लोमा में उत्तीर्ण होना आवश्यक है। इनके अलावा ऐसे अभ्यर्थी जिन्होंने न्यूनतम 45 फीसदी अंकों के साथ उच्चतर माध्यमिक एवं प्रारंभिक शिक्षा शास्त्र में दो वर्षीय डिप्लोमा में उत्तीर्ण हो, वे पात्र होंगे। 

बोर्ड ने यह भी कहा कि जिन अभ्यर्थियों ने उच्चतर माध्यमिक परीक्षा में न्यूनतम 50 प्रतिशत अंक अर्जित किए हैं और प्रारंभिक शिक्षा शास्त्र स्नातक (बीएलएड) का 4 वर्षीय कोर्स किया है, वे भी इसके लिए पात्र होंगे। इन कक्षाओं के शिक्षक पात्रता के लिए बोर्ड ने कहीं भी बीएडधारियों से आवेदन नहीं मांगे हैं। बोर्ड ने पिछले साल बीएडधारियों को भी आवेदन मांगे थे, लेकिन इसमें ब्रिज कोर्स की शर्त रखी थी। इस बार ऐसा नहीं किया गया है। कक्षा 6 से 8 तक के शिक्षक पात्रता के लिए बीएडधारियों से मांगे आवेदन बोर्ड ने कक्षा 6 से 8 तक के शिक्षक पात्रता के लिए गत वर्ष वाली ही योग्यताएं तय की हैं। 

न्यूनतम 50 फीसदी स्नातक के साथ ही शिक्षा शास्त्र में एक वर्षीय स्नातक (बीएड), न्यूनतम 45 प्रतिशत अंकों के साथ : 


स्नातक एवं शिक्षा शास्त्र में एक वर्षीय स्नातक एवं न्यूनतम 50 प्रतिशत अंकों के साथ उच्चतर माध्यमिक एवं 4 वर्षीय प्रारंभिक शिक्षा शास्त्र स्नातक (बीएल एड) में कोर्सेज में से किसी एक में उत्तीर्ण होना आवश्यक है। प्राप्तांक सुधार के लिए दे सकेंगे अभ्यर्थी आरटेट बोर्ड ने स्पष्ट किया है कि राज्य सरकार द्वारा नियुक्त स्थायी नोडल एजेंसी हर साल आरटेट परीक्षा का आयोजन करेगी। इसकी मान्यता प्रमाण पत्र जारी किए जाने की तिथि से सात साल तक रहेगी। परीक्षार्थी यदि चाहे तो गत आरटेट 2011 में प्राप्तांक में सुधार के लिए आरटेट 2012 की परीक्षा दे सकता है। 

माना जा रहा है कि प्राप्तांक सुधार के लिए भी इस बार बड़ी संख्या में अभ्यर्थी आरटेट में शामिल हो सकते हैं। कारण, गत वर्ष के परिणाम में अपात्र घोषित किए गए अधिकतर अभ्यर्थियों के प्राप्तांक न्यूनतम प्राप्तांक से मामूली कम रह गए थे। इसके चलते ही अभ्यर्थियों ने बोर्ड के सिविल लाइंस स्थित कैंपस में प्रदर्शन भी किए थे और री टोटलिंग के लिए ओएमआर शीट की प्रति भी सूचना के अधिकार के तहत मांगे थे। ऐसे अभ्यर्थी अब प्राप्तांक सुधार के लिए पुन: आरटेट में बैठ सकते हैं।

News Source : Bhaskar.com (11.6.12)

Thursday, June 7, 2012

RTET (Rajasthan Teacher Eligibility Test ) 2012 Last Date to Apply - 09 July 2012


Sarkari Naukri Damad India. Latest Upadted Indian Govt Jobs - http://sarkari-damad.blogspot.com


राजस्थान में टेट परीक्षा नौ सितंबर को 
RTET (Rajasthan Teacher Eligibility Test ) 2012 

Online Application Starts from - 14 June 2012
Last Date to Apply - 09 July 2012
RTET 2012 Exam Date : 09 -09-2012
Rajasthan Madhymik Shiksha Board Ajmer is Nodal Agency to Conduct this Exam
अजमेर। राजस्थान अध्यापक पात्रता परीक्षा टेट 2012 नौ सितंबर को दो पारियों में आयोजित की जाएगी। अध्यापक पात्रता परीक्षा की नोडल एजेंसी राजस्थान माध्यमिक शिक्षा बोर्ड के अध्यक्ष डा. सुभाष गर्ग ने गुरूवार को बताया कि दो पारियों में आयोजित की जाने वाली इस परीक्षा के लिए आन लाइन आवेदन 14 जून से किए जा सकेंगे। आवेदन की अंतिम तिथि 09 जुलाई है।

 उन्होंने बताया कि कक्षा एक से पांचवी तक की प्रथम स्तर की परीक्षा पूर्वाह्न 11 बजे से 12.30 बजे तक तथा कक्षा छह से आठवीं तक की परीक्षा अपराह्न दो बजे से साढे तीन बजे तक आयोजित की जाएगी। उन्होंने बताया कि इस बार आयोजित परीक्षा के तहत पहली बार परीक्षार्थियों को परीक्षा की मूल कापी, मूल प्रति और ओएमआर शीट की दो प्रतियां मिलेंगी जिनमें से एक को परीक्षार्थी अपने साथ ले जा सकेंगे। उन्होंने बताया कि इस वर्ष इस परीक्षा में सैनिको के लिए दस प्रतिशत सीट आरक्षित की गई है। डा. गर्ग ने बताया कि अध्यापक पात्रता परीक्षा के लिए शुल्क में वृद्वि नहीं की गई है और इसके तहत परीक्षार्थी अपनी फीस चार बैंकों में चालान से जमा करा सकेंगे





 Published at http://sarkari-damad.blogspot.com (Click on the Labels below for more similar Jobs)

Wednesday, June 6, 2012

Rajasthan State Eligibility Test for Lectureship 2012


Sarkari Naukri Damad India. Latest Upadted Indian Govt Jobs - http://sarkari-damad.blogspot.com
Rajasthan Public Service Commission (RPSC)
Ajmer


Rajasthan State Eligibility Test for Lectureship  2012

The Rajasthan Public Service Commission, Ajmer invites Online Application Form for the State
Eligibility Test for Lectureship in various subjects. 
Application Fee : Rs. 650/- (Rs. 350/- for BC/SBC and Rs.200/- for SC/ST) should be submitted  by candidates through E-Mitra Kiosk, C.S.C. Center authorized by the Rajasthan Govt. The candidate should pay a sum of Rs. 40/- (Rs. 30/-for filling of the application form + Rs. 10/- for depositing of examination fee extra. 

198 post Transport Constables VYAPAM MP


Sarkari Naukri Damad India. Latest Upadted Indian Govt Jobs - http://sarkari-damad.blogspot.com
Madhya Pradesh Professional Examination Board
(Madhya Pradesh Vyavasyik Pareeksha Mandal) (VYAPAM)
"Chayan Bhawan", Main Road No.1, Chinar Park (East), Bhopal - 462011


Recruitment Examination 2012 for posts of  Transport Constable in Transport Department   

Online applications are invited for following posts for which the examination will be conducted on 12/08/2012 : 
  • Transport Constables : 198 post (UR98, OBC-28, SC-32, ST-40), Pay Scale : Rs.5200-20200 grade pay Rs.1900/-, Age : 18-35 years as on 01/01/2013., Qualificaiton : 10+2/ Higher Secondary Or equivalent and Driving license for LMV/ HMV/ Car/ Motor Cycle

Tuesday, June 5, 2012

Rajasthan 3rd grade teacher solved paper/Answer key Level 1st and Level 2nd2012

Rajasthan 3rd grade teacher solved paper/Answer key Level 1st and Level 2nd 2012

Rajasthan 3rd Grade Teacher Solved paper 2012 Current Affairs Quiz April 2012


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Rajasthan Panchayati Raj Department 3rd Grade Teachers Recruitment 2012:
Panchayati Raj Department, Rajasthan recruitment for 41000 3rd/Third Grader Teachers Jobs in Rajasthan via Zila Parishad / District wise in Rajasthan state.

Rajasthan Panchayati Raj Notification for 41000 teachers post which contains 20% Marks for RTET Exams while remaining for Written examination held later on district Headquarter.
Rajasthan Panchayati Raj 3rd Grade Teacher Solved paper/Answer key

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Rajasthan Panchayati Raj 3rd Grade Teacher Answer key & Solutions – RPSC 3rd Grade Teacher Solved Paper

Rajasthan Panchayati Raj 3rd Grade Teacher Answer key & Solutions – RPSC 3rd Grade Teacher Solved Paper


Rajasthan Panchayati Raj 3rd Grade Teacher Answer key & Solutions – RPSC 3rd Grade Teacher Solved Paper :

Rajasthan Panchayati Raj (RPSC) 3rd Grade Teacher Answer key & Paper Solutions will be announced by Panchayati Raj Department, Rajasthan. on it’s officially website at www.rajpanchayat.gov.in.


Rajasthan Panchayati Raj Department 3rd Grade Teachers test answer key will be declare after the conduct examination. The examination of the teacher test is conduct by Panchayati Raj Zila Parishad at 2nd June, 2012. Candidate can check their answer key to visit it’s portal site www.rajpanchayat.gov.in. Rajasthan Panchayati Raj Zila Parishad Teacher Answer Key and paper solution given district wise list on it’s official website.



Rajasthan Panchayati Raj Zila Parishad work for the distict level and they declare many project for the develop the diatrict. This commission is conduct teacher exam for the build high qualified teacher in the state. This examination is devide in different grade. At that time trird grade examination was held 2nd June, 2012 and their answer key is also publish.

Rajasthan Panchayati Raj Zila Parishad District wise List :
Jaipur, Ajmer, Udaipur, Jodhpur, Kota Bhilwara Banswara, Alwar, Baran, Barmer, Bharatpur, Bikaner, Bundi, Chittorgarh, huru
Dausa, Rajsamand, Sawai Madhopur, Sikar, Sirohi, Sri Ganganagar, Dholpur, Dungarpur, Hanumangarh, Jaisalmer, Jalor, Jhalawar, Jhunjhunu, Karauli, Nagaur, Pali, Pratapgarh and Tonk.

All candidate can check their RPSC Rajasthan Panchayati Raj 3rd Grade Teacher Answer key & Paper Solutions to visit the link given below.
Check : http://www.rajpanchayat.gov.in


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Rajasthan 3rd Grade Teacher Answer Key 2012, Paper Solutions, Cut Off Marks | Rajasthan Panchayati Raj Zila Parishad Teacher Exam 2012 Answer Key District Wise


Rajasthan 3rd Grade Teacher Answer Key 2012, Paper Solutions, Cut Off Marks | Rajasthan Panchayati Raj Zila Parishad Teacher Exam 2012 Answer Key District Wise



Rajasthan Panchayati Raj 3rd Grade Teacher Recruitment Exam 2012 Answer Key, Solutions 2012 | Rajasthan Third Grade Teacher Answer Key 2012 and Expected Cut Off Marks | Rajasthan 3rd Grade Teacher District Wise Answer Key and Solutions | Rajasthan 3rd Grade Teacher Exam Paper 2012

Rajasthan Panchayati Raj Department was Invites Online Application Form for 3 Grade Teacher Recruitment for B.Ed and B.S.T.C Degree Candidates Through Zila Parishad

Rajasthan Zila Parishad Teacher Recruitment Examination was Conducted on in Two Shifts for Level 1 and Level 2 Level
1st for Class 1 to 5 (Primary) and Level 2nd for Class 6 to 8 (Upper Primary)

3rd Grade Teacher Recruitment Answer Key will be Published Soon.

Rajasthan Zila Parishad & Panchayati Raj Teacher Recruitment Exam District Wise Answer Key, Solutions & Cut Off Marks



Jaipur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Ajmer – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Udaipur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Jodhpur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Kota – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Bhilwara – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Banswara – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Alwar – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Baran – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Barmer – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Bharatpur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Bikaner – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Bundi – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Chittorgarh – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Churu – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Dausa – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Rajsamand – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Sawai Madhopur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Sikar – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Sirohi – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Sri Ganganagar – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Dholpur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Dungarpur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Hanumangarh – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Jaisalmer – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Jalor – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Jhalawar – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Jhunjhunu – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Karauli – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Nagaur – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Pali – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Pratapgarh – Level 1 (Primary), Level 2 (Upper Primary) Answer Key
Tonk – Level 1 (Primary), Level 2 (Upper Primary) Answer Key

Candidates are Advised to Discuss and Submit Paper Solutions & Expected Cut Off Marks in Comments Box


Rajasthan High Court - Jodhpur : Grade 3rd Techer Recruitment through RTET Exam


Rajasthan High Court - Jodhpur : Grade 3rd Techer Recruitment through RTET Exam


Rajasthan High Court - Jodhpur
Devi Singh & Ors vs State (Education) & Ors on 14 May, 2012
1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

:ORDER:

1. Devi Singh & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.1888/2012)

2. Rakesh Godara & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.1839/2012)

3. Jenendra Kumar Pareek & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.4366/2012)

4. Ram Lakhan Sharma & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.4483/2012)

DATE OF ORDER : May 14th, 2012. PRESENT

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

____________________________________

Mr. P.S. Bhati, Mr. P.R. Mehta, Mr. H.S. Sidhu And Mr. Kailash Jangid for the petitioners. Mr. G.R. Punia, Sr. Advocate & Addl. Advocate General with Mr. Mahendra Choudhary, Addl. Govt. Counsel. Mr. Kuldeep Mathur for NCTE.

Mr. Rakesh Arora for the respondent Board. BY THE COURT :

In all the above writ petitions common facts and question of law is involved, therefore, these writ petitions are decided by this common order. For the sake of convenience, the facts in 2

S.B. Civil Writ Petition No.1888/2012, Devi Singh & Others Vs. State of Rajasthan & Others are taken into consideration for discussion.

The petitioners are possessing qualification of graduation with training course of B.Ed. and they are waiting for appearing in the competitive test for recruitment on the posts of Teacher (Grade-III) since 2006. Now, in the year 2012, advertisements have been issued by the different Zila Parishads of all the districts in the State whereby applications have been invited for appointment on the posts of Teacher Grade-III. The main prayer is that the respondents may be directed to allow the petitioners to participate in the present selection process of Teacher Grade-III subject to their performance in the RTET- 2012 and, in the alternative, the respondents may be directed to conduct RTET-2012 prior to the recruitment of Teachers Grade- III in the year 2012 under the advertisements dated 24.02.2012 issued by the various Zila Parishads of all the districts of the State. It is also prayed that the advertisements of Teacher Grade-III issued by the respondents may be quashed and set aside or may be stayed till conducting RTET-2012; and, any other relief which may be deemed fit by this Court may be granted.

The main contention of the petitioners is that since 2006 no recruitment is made by the State, however, in the year 2009 the qualification for the post of Teacher Grade-III was changed 3

under the Right of Children to Free and Compulsory Education Act, 2009. The National Council for Teachers Education was authorized to lay down the qualifications; and, as per qualification laid down by the National Council for Teachers' Education (in short, NCTE hereinafter) a candidate for recruitment on the post of Teacher Grade-III is required to possess TET qualification in addition to his academic and training qualification. The said eligibility is prescribed after amendment in the Rules by the State Government.

Learned counsel for the petitioners submits that the Central Government enacted the Right of Children to Free & Compulsory Education Act, 2009 on 26.08.2009, in which, under Section 23, it is provided that any person possessing such minimum qualification as laid down by the Academic Authority authorized by the Central Government by notification shall be eligible for appointment as a Teacher. While exercising power under Section 23(1) the Central Government issued notification on 31.03.2010, by which, the Central Government authorized the NCTE as the Academic Authority to lay down the minimum qualification for a person to be eligible for appointment as Teacher.

It is submitted by learned counsel for the petitioners that after authorization under Section 23(1) of the Act of 2009 vide notification dated 31.03.2010, the NCTE issued notification on 23.08.2010 whereby the qualification was prescribed in which, in 4

addition to academic qualification and training, another qualification which is Teachers' Eligibility Test, is inserted and, in the notification, it is specifically provided that candidates should pass the Teachers' Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. After issuance of the aforesaid notification, another notification was issued whereby certain amendments were made in the qualification by the NCTE on 29.07.2011 but the eligibility of passing TET remained the same.

As per the notification, TET is to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE, therefore, for the purpose of conducting the TET, the NCTE issued Guidelines (Annex.-P/2 filed in S.B. Civil Writ Petition No.4483/2012) and circulated the same to all the States vide communication dated 11.02.2011. In para 11 of the Guidelines, duty is cast upon the appropriate Government to conduct TET at least once every year and decided that validity of the period of TET qualifying certificate for appointment subject to maximum of 7 years for all categories. It is also provided that there will be no restriction on the number of attempts a person can take for acquiring the TET certificate. The main contention of the petitioners is that after issuance of the Guidelines on 11.02.2011 in the year 2011, the State Government authorized the Board of Secondary 5

Education, Rajasthan, Ajmer to conduct the TET and said test was conducted by the Board on 31.07.2011 and result was declared in the month of August 2011. It is specifically submitted that due to inaction on the part of the State since 2006 to 2011 no appointments are made for the posts of Teacher Grade-III, therefore, all the posts occurred since 2006 remained unfilled. Now, the State Government through the Zila Parishads is going to make recruitment of 40000 posts of Teacher Grade-III and, for the same, advertisements have been issued on 24.02.2012 and to participate in the recruitment of 40000 posts only those candidates are eligible who qualified the TET 2011 examination and none else.

Learned counsel for the petitioners submits that since 2006 no recruitment of Teacher Grade-III took place in the State of Rajasthan and, in the year 2009, when the Act of 2009 was enacted and different qualification is prescribed through the NCTE, then, the process of conducting TET was initiated in the year 2011. In the TET 2011 conducted by the Board of Secondary Education, Rajasthan, Ajmer more than five lakh candidates appeared; but, only 43.81 per cent female candidates were declared successful and 25 per cent male candidates were declare successful.

While inviting attention towards certificate of TET 2011, learned counsel for the petitioners submit that the TET 2011 conducted by the Board of Secondary Education, Ajmer, was 6

also contrary to the Guidelines issued by the NCTE and, now, without conducting TET for the year 2012, the State Government is going to recruit 40000 Teachers Grade-III, that too, without providing opportunity of acquiring certificate of TET to the lakhs of candidates and, due to inaction on the part of the State authorities, lakhs of candidates are being deprived to obtain the eligibility of TET certificate; therefore, competition for 40000 posts has become so narrow because quite lesser number of candidates who qualified the TET 2011 only are available and large number of candidates who are otherwise possessed of the essential academic and training qualification but not able to get an opportunity to appear in the TET 2012 will be deprived from the opportunity of participating in the recruitment process only due to inaction on the part of the State because they are not possessing the certificate of TET eligibility. Therefore, it is prayed that there is total lethargy and mismanagement of affairs by the respondent State on account of which lakhs of persons are deprived from the opportunity of even competing for recruitment on the posts of Teacher Grade- III.

Therefore, it is prayed by learned counsel for the petitioners that the respondent State may be restrained from proceeding with the process for making appointment on the posts of Teacher Grade-III in pursuance of the advertisements issued by the State through Zila Parishads on 24.02.2012 without first conducting TET 2012.

7

Learned counsel for the petitioners submits that due to non-conducting TET - 2012 first the petitioners and like them lakhs of candidates have been deprived from competing in the recruitment process and opportunity is only available to the candidates who cleared TET - 2011, therefore, the action of the respondents is in violation of Articles 14, 16 and 21 of the Constitution of India. The respondents are snatching the right of the petitioners due to their lethargic attitude although they are possessed of the qualification which were in existence prior to amendment in the year 2009 and vacancies of the posts of Teacher Grade-III have not been filled in since 2006 and, now, due to new eligibility criterion, the respondents are again snatching the right of the petitioners by contemplating to first proceed with the recruitment and, thereafter, conduct TET some time in the year 2012 which would be of no avail for the petitioners and lakhs of other persons like them. Therefore, prayer made in the writ petition may be allowed and the respondents may be directed to proceed for selection in pursuance of advertisements issued on 24.02.2012 and first conduct TET - 2012 examination and, then, proceed for recruitment of Teachers Grade-III for 40000 posts. The State Government cannot be permitted to hold selection on the posts of 40000 teacher Grade-III from amongst the candidates who qualified TET - 2011, therefore, the whole process of selection may be quashed.

Per contra, learned Addl. Advocate General submitted that 8

delay was caused after TET 2011 due to litigation in the High Court and for the reason that amendments were not made in the rules and after amending the Rajasthan Panchayat Raj Act, 1994 and Rajasthan Panchayat Raj Rules, 1996 in the month of May 2011 the process of selection has been initiated and, now the advertisements have been issued for recruitment on the posts of Teacher Grade-III and, prior to that, in the month of July 2011 TET examination through the Board of Secondary Education, Ajmer; and, now, the said 40000 vacancies are sought to be filled up in accordance with the rules. Learned Addl. Advocate General submits that notification issued by the NCTE with regard to qualification has already been upheld by the Division Bench of this Court in D.B. Civil Writ Petition No.3954/2011 of Sushil Sompura along with 43 other writ petitions vide judgment dated 20.05.2011; and, prior to that vide notification dated 11.05.2011, amendment was made in the Rajasthan Panchayat Raj Act, 1994 and Rajasthan Pachayat Raj Rules 1996 and, under Rule 266 of the Rules, the qualification prescribed by the NCTE was incorporated in the Rules, therefore, the State Government has been abiding by the qualification prescribed by the NCTE under the Act of 2009. It is further submitted that in the Guidelines, it is provided that once in a year the TET should be conducted but, for the first time, in the month of July 2011, the said examination was conducted and, similarly, it will be conducted in the 2012 also, that is to say, year 2012 has not yet ended, therefore, there can 9

be no grievance to the petitioners to the extent that TET is not conducted in the year 2012. However, the petitioners cannot claim that selection process should be stayed and TET - 2012 should be conducted first; and, thereafter, to proceed for selection. It is submitted by the counsel for the State that the petitioner could not succeed in the TET - 2011 examination, therefore, they cannot claim that TET - 2012 should be conducted first and, thereafter, to proceed for selection. The petitioners were allowed to appear in the TET 2011 in the month of July 2011 but large number of candidates were declared failed and, now, the State Government is going to make recruitment to fill up the vacancies of Teachers by which are vacant since 2006. Therefore, no case is made out for interference in the process of selection and as such this writ petition may be dismissed.

Learned counsel appearing for the NCTE, Shri Kuldeep Mathur submits that after issuing notification prescribing ghe qualifications and Guidelines for conducting the TET the State Government/appropriate Government is under obligation to follow the Guidelines formulated by the NCTE in its strict sense and if those Guidelines are not followed, then, the action of the State Government cannot be treated to be justified and legal. After hearing learned counsel for the parties, it is abundantly clear from the facts of the case that after amendment made in the Rajasthan Panchayat Raj Act 1994 and 10

Rajasthan Pachayat Raj Rules, 1996, the qualification prescribed is in existence for recruitment on the posts of Teacher Grade- III. The existing qualification for the said post is based upon the notification dated 23.08.2010 and notification dated 29.07.2011 issued by the NCTE. Both the notifications are as follows :

"NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 23rd August, 2010

F.No.61-3/20/2010/NCTE/(N&S).-In exercise of the powers conferred by Sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification :-

1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 - year Diploma in Elementary Education (by 11

whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2 - year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.) OR

Senior Secondary (or its equivalent) with at least 50% marks and 2 - year Diploma in Education (Special Education) AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. (ii) Classes VI-VIII

(a) B.A./B.Sc and 2 - year Diploma in Elementary Education (by whatever name known)

OR

B.A./B.Sc. with at least 50% marks and 1 - year Bachelor in Education (B.Ed)

OR

B.A./B.Sc. with at least 45% marks and 1 - year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition 12

Norms and Procedure) Regulations issued from time to time in this regard

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.) OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed or B.A. Ed./BSc.Ed. OR

B.A./B.Sc. with at least 50% marks and 1 - year B.Ed. (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. 2 Diploma/Degree Course in Teacher Education.-For the purposes of this Notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.- A person - (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class I to V upto 1st 13

January, 2012, provided he undergoes, after appointment, an NCTE recognized 6-month special programme in Elementary Education.

(b) with D.Ed. (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-month special programme in Elementary Education.

4 Teacher appointed before the date of this Notification.-The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above: (a) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher of class I to V possessing B.Ed qualification, or a teacher possessing B.Ed (Special Education) or D.Ed (Special Education) qualification shall undergo an NCTE recognized 6 - month special programme on elementary education.

(b) A teacher of class I to V with B.Ed qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;

14

(C) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. 5 Teacher appointed after the date of this Notification in certain cases.-Where an appropriate Government, or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time."

"NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 29th July, 2011

F.No.61-1/2011/NCTE/N&S).-In exercise of the powers conferred by sub-section (1) of the Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and in pursuance of the Notification No.S.O. 750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following amendments to the Notification No.215 dated 25th August, 2010 published in the Gazette of India, Extraordinary, Part-III, Section-4, vide F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010, laying down the minimum qualifications for a person to be 15

eligible for appointment as a teacher (hereby referred to as the Principal Notification), namely :-

(I) For sub-para (i) of para 1 of the Principal Notification, the following shall be substituted, namely:-

1. Minimum Qualifications:-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations, 2002.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.) OR

Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education) OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines 16

framed by the NCTE for the pourpose.

(II) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :- 1 (ii) Classes VI - VIII

(a) Graduation and 2-year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at 50% marks and 1-year Bachelor ion Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.) OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. or B.A. Ed./B.Sc.Ed. OR

Graduation with at least 50% marks and 1-year B.Ed. (Special Education)

AND

(b) Pass in Teacher Eligibility Test (TET), to be conducted by the 17

appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(III) For para 3 of the Principal Notification the following shall be substituted, namely:-

(i) Training to be undergone:-A person - (a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment to Class I to V up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education;

(b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education.

(ii) Reservation Policy :

Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as ST/ST/OBC/PH.

(IV) For para 5 of the Principal Notification, the following shall be substituted, namely:-

5.(a) Teacher appointed after the date of this notification in certain cases:-Where an appropriate Government or local 18

authority or a shool has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(b)The minimum qualification norms referred to in this Notification apply to teachers of Languages, Social Studies, Mathematics, Science, etc. In respect of teachers for Physical Education, the minimum qualification norms for Physical Education teachers referred to in NCTE Regulation dated 3rd November, 2001 (as amended from time to time) shall be applicable. For teachers of Art Education, Craft Education, Home Science, Work Education, etc. the existing eligibility norms prescribed by the State Governments and other school managements shall be applicable till such time the NCTE lays down the minimum qualifications in respect of such teachers." It is admitted position of the case that TET is required to be conducted by the States as per the Guidelines which are statutory in force in view of the aforesaid notification of amendment. Vide communication dated 11.02.2011 the NCTE circulated the Guidelines to all the States for conducted the TET examination. In the said Guidelines, following eligibility was prescribed :

19

"Eligibility

5. The following persons shall be eligible for appearing in the TET :

i. A person who has acquired the academic and professional qualifications specified in the NCTE Notification dated 23rd August

2010.

ii. A person who is pursuing any of the teacher education courses (recognized by the NCTE or the RCI, as the case may be) specified in the NCTE Notification dated 23rd August

2010.

iii. The eligibility condition for appearing in TET may be relaxed in respect of a State/UT

which has been granted relaxation under

sub-section (2) of section 23 of the RTE Act. The relaxation will be specified in the

Notification issued by the Central Government under that sub-section."

In para 11 of the Guidelines, the frequency of conduct of the TET and validity period of the TET certificate is given as follows :

"11. The appropriate Government should

conduct a TET at least once every year.

The Validity Period of TET qualifying

certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all

categories. But there will be no restriction on the number of attempts a person can

take for acquiring a TET Certificate. A person who has qualified TET may also

appear again for improving his/her score." The aforesaid para 11 clearly speaks that a duty is cast upon the appropriate Government while using the word "should" to 20

conduct the TET once every year so as to provide opportunity to acquire eligibility of TET by the candidates academic and training qualification.

Admittedly, since the year 2006 up to 2012, no appointments are made on the posts of Teacher Grade-III. Even after conducting TET in the month of July 2011 till 31.12.2011, no recruitment process was initiated; meaning thereby, the State Government provided opportunity to the aspirant candidates for acquiring TET eligibility only once whereas under the statutory Guidelines TET is envisaged to be conducted every year, therefore, after amendment in the year 2009 hardship is caused to the candidates who are waiting since 2006 and those candidates who have acquired qualification in the year 2011 are even eligible for vacancies of the earlier years after passing TET.

The State Government has authorized all the Zila Parishads of the State to initiate the process of selection and all the Zila Parishads have issued advertisement dated 24.02.2012 and, now, examination is likely to be held within short time. In my opinion, the Guidelines are mandatory in nature because it is expressly provided that once every year TET examination should be conducted. Here, in the State of Rajasthan, no recruitment took place since the year 2006 till date and, all the existing vacancies are clubbed and it resulted into accumulation of more than 40000 existing vacancies, for which, the State Government 21

is going to make recruitment while granting opportunity to only those candidates who were declared in the TET 2011 examination conducted by the Board in July 2011; meaning thereby, the scope of selection has become so narrow because not more than 2,75,000 candidates were declared successful in the TET 2011 examination out of more than 700000 candidates appearing in the test. Therefore, even if it is presumed that candidates who were declared successful in the TET 2011 examination will be allowed to appear in the process of selection for 40000 posts the scope of competition shall become so narrow that in the written examination as against one vacancy only five or six candidates shall be available and large number of candidates will be deprived from getting any opportunity to compete in the selection process although they are possessing the essential academic and training qualification but they have not yet been able to get the eligibility of TET certificate because till today TET examination has only once been conducted in the year 2011.

It appears that the State Government after amending the rules in the month of May 2011 has taken the decision to make recruitment in very haphazard manner and it resulted into denial of appointment to lakhs of candidates, therefore, the action of the State Government is required to be checked by the NCTE because as per Articles 14, 16 and 21 of the Constitution of India right of consideration cannot be curtailed due to inaction and lethargic attitude on the part of the State Government. As 22

per the Act of 2009, now, the NCTE is controlling and governing body to maintain educational standards. The future of tiny tots as well as candidates who possess academic qualification and training is in the hands of the NCTE and it is the body who is under obligation to check the State Government for not violating the Guidelines.

It appears from the facts that the State Government has not apprised the NCTE the fact of availability of more than 40000 vacancies and fact that since 2006 no recruitment has taken place; and, now, they are going to recruit Teachers Grade-III from amongst only those candidates who were declared successful in TET - 2011. It appears from the facts that for the vacancies occurred since 2006 to 2012, the State Government has initiated the process of selection only for those candidates who were declared successful in 2011 TET examination only; meaning thereby, this selection process is only for the candidates who were declared qualified in TET 2011 and this happening is occasioned for the reason that the State Government announced the vacancies in the month of February 2012 whereas before that TET - 2012 ought to have been conducted to enlarge the scope of selection and to provide the chance of acquiring eligibility of TET to the candidates who are waiting since 2006.

Learned counsel for the petitioners invited my attention towards notes incorporated in the marks-sheet-cum-certificates 23

of TET issued to the successful candidates. I have perused the marks-sheet & certificate (Annex.-8) filed along with affidavit of a candidate Ram Kishan Choudhary bearing Roll No.5801815, issued by the Board of Secondary Education, Rajasthan, Ajmer. It is very strange that in the marks-sheet & certificate the following notes are incorporated by the Board : "Note.

1. This certificate has been issued by the Board on the basis of the affidavit and information furnished by the candidate that he/she

possesses the minimum educational and

professional qualifications prescribed by National Council for Teacher Education

under the provisions of the Right of Children to Free and Compulsory Education Act,

2009. The documents in support of the educational and professional qualifications of the candidate have not been verified by the VBoard before issuing this certificate. Before giving appointment to the candidate, the appointing authority should verify these documents to ascertain his/her eligibility.

2. The Board has not verified the documents of the candidates belonging to Scheduled

Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, Physically Handicapped, Divorced & Widowed Women and women candidates.

Therefore, before giving appointment to the candidate against the posts reserved for these categories, the appointing authority should verify the documents in support of the claim of the candidate and satisfy itself in this regard.

3. Those candidates who have been admitted to the RTET on the basis that they are

pursuing any teacher education course as per the NCTE norms and standards will be eligible for appearing at the recruitment examination only after they have successfully completed the teacher education course and have been awarded

the certificate of completion.

24

4. Qualifying the RTET will not confer any right on any person for recruitment/employment as it is only one of the eligibility criteria for appointment as teacher in elementary

schools.

5. The recruitment agency shall give weightage to the RTET scores in the recruitment

process in accordance with the relevant

provisions in the recruitment rules."

Aforesaid Note No.1 clearly speaks that in the examination conducted by the Board of Secondary Education, Ajmer in the year 2011 the Board allowed all the candidates to appear in the Rajasthan TET 2011 on the basis of affidavit and information furnished by the candidate that he possesses the minimum qualification prescribed by the NCTE under the provisions of Right of Children to Free and Compulsory Education Act, 2009 and, further, it is observed that the documents in support of educational and professional qualifications of the candidate have not been verified by the Board before issuing this certificate. Before giving appointment to the candidate, the appointing authority should verify these documents to ascertain his/her eligibility.

Further, those candidates who have been admitted to the RTET 2011 on the basis that they are pursuing any teacher education course as per the NCTE norms and standards can be eligible for appearing at the recruitment examination only after they have successfully completed the teacher education course and have been awarded the certificate of completion; meaning thereby, as per the NCTE norms the candidates were allowed to 25

appear in the TET examination who were pursuing Teachers Education course but, as per the Guidelines, it is nowhere provided that after allowing them their result of TET can be declared prior to completing the Teachers Education course. But, as per Note 3, the respondent Board declared the result of the TET 2011 in relation to such candidates without waiting for declaration of their result of the Teachers Education course and granted the eligibility of TET before acquiring the eligibility qualification for appearing in the TET examination and this fact itself speaks that the Board of Secondary Education, Rajasthan, Ajmer has completely violated the Guidelines also for granting eligibility of TET with clarification in Note 3 of the certificate. Therefore, obviously the Board has completely flouted the Guidelines of NCTE in conducting TET - 2011. It is very strange that the Board while allowing the candidates to appear in the TET 2011 did not verify the eligibility and issued the certificate which is contrary to para 14 of the Guidelines which runs as under :

"Award of TET Certificate

14. The appropriate Government conducting the Test shall award a TET Certificate to all successful candidates. The certificate should contain the name and address of the candidate, date of birth, Registration No. year/month of award of Certificate, marks obtained in each Paper, class level of its validity (Class I to V, class VI to VIII or both), and, in case of classes VI to VIII, the subject are (Science and Mathematics, Social Studies, etc.). The certificate may be electronically generated with adequate security features. Appropriate may consider utilizing the services of specialized 26

agencies for issuing de-materialized (demat) TET certificates as a security feature to avoid any kind of malpractice."

In view of the above, it appears that the conduct of the Board of Secondary Education, Ajmer for conducting the Rajasthan TET 2011 examination is in contravention of para 14 which is also required to be checked by the NCTE because, after promulgation of the Act of 2009 and issuing notifications by the NCTE and Guidelines, no authority can be allowed to violate the provisions of the Act as well as Guidelines issued by the NCTE under the Act of 2009. Therefore, in my opinion, all these facts are required to be examined by the NCTE because the above facts are not in the knowledge of the NCTE which is the controlling authority of the education system of the country and education of children under the Right of Children to Free & Compulsory Education Act, 2009.

Therefore, all above writ petitions are disposed of with the direction to the NCTE to examine the action of the State of Rajasthan on the following issues and take final decision whether the State Government has rightly followed the notifications issued under the Act of 2009 and Guidelines issued by the NCTE for conducting TET and right in conducting selection process for appointment on 40000 posts of Teacher Grade-III without conducting TET examination during the calendar year 2012 :

(a) Whether it is not mandatory for the State 27

Government to conduct TET examination every year and, thereafter to proceed for making recruitment ? (b) Whether without conducting TET 2012 examination the State Government is right in conducting the selection process for recruitment on 40000 posts of Teacher which remained unfilled since 2006 while granting opportunity only to the candidates who cleared the TET 2011 examination and, thereafter, to hold TET 2012 examination ?

(c) Whether the vacancies arisen and not duly filled in since 2006 to 2012 can be filled in by conducting only one TET examination ?

(d) Whether the Board of Secondary Education, Rajasthan, Ajmer was right in holding TET 2011 examination without assessing the eligibility of the candidates and examining their documents to enable them to appear in the TET examination, so also, in incorporating notes No.1 to 5 in addition to the facts narrated in para 14 of the Guidelines which is in violation of para 14 of the Guidelines ? (e) Whether the State Government is justified in making recruitment for filling up 40000 posts of Teacher Grade-III in the year 2012 on the basis of certificate issued by the Board in contravention of Para 14 of the Guidelines ?

(f) Whether it is not necessary for the State 28

Government to afford at least 3 opportunities for appearing at the TET examination before making recruitment for the reason that State Government is going to fill in vacancies arisen in between 2006 to 2012 for 6 years because as per the Guidelines TET examination is required to be conducted minimum once every year so as to grant opportunity to larger number of candidates to get opportunity for recruitment ?

The NCTE is hereby directed to take final decision within a period of 15 days from today or before examination because although thousands of posts remained unfilled since 2006 but, now, the State Government is in a hurry to make recruitment on the 40000 posts of Teacher Grade-III so as to grant opportunity to the candidates who qualified the TET - 2011 only without conducting TET 2012 examination. Copy of this order be given to the counsel for the NCTE today itself. (Gopal Krishan Vyas) J.
Ojha, a.

Source : http://www.indiankanoon.org/doc/91540481/

Monday, June 4, 2012

www.rtet bser.com RTET 2012 - www.rtet bser.org RTET 2012 - bser rtet 2012 - Syllabus Level 1st/ Level 2nd - Notification - Online Application - 2012


www.rtet bser.com RTET 2012 - www.rtet bser.org RTET 2012 - bser rtet 2012 - Syllabus Level 1st/ Level 2nd - Notification - Online Application - 2012


www.rtetbser.com RTET 2012 - www.rtetbser.org RTET 2012 - rtetbser.com RTET 2012 - rtetbser.org RTET 2012 - rtetbser 2012 - rtetbser RTET 2012


बोर्ड ने जारी किया आरटेट का सिलेबस



अजमेर. राजस्थान माध्यमिक शिक्षा बोर्ड अब राजस्थान अध्यापक पात्रता परीक्षा 2012 (आरटेट 2012) की तैयारी में जुट गया है। बोर्ड ने शनिवार को आरटेट 2012 का सिलेबस वेबसाइट पर जारी कर दिया है। बोर्ड को आरटेट के लिए राज्य सरकार की हरी झंडी का इंतजार है।

राज्य सरकार ने बोर्ड को आरटेट की स्थायी नोडल एजेंसी नियुक्त किया है। बोर्ड की ओर से आरटेट 2012 का आयोजन करना प्रस्तावित है। इस परीक्षा का पाठ्यक्रम सत्र 2011-12 में राज्य सरकार द्वारा कक्षा 1 से 8 तक के लिए निर्धारित सिलेबस के आधार पर तैयार किया गया है।


बोर्ड ने विशेषज्ञों से एनसीटीई की गाइड लाइन के अनुसार यह पाठ्यक्रम तैयार कराया है। अध्यापक पात्रता परीक्षा 2012 में आवेदन की इच्छा रखने वाले अभ्यर्थियों की सुविधा के लिए यह पाठ्यक्रम अध्यापक पात्रता परीक्षा की वेबसाइट www.rtetbser.comS ÌÍæ Rwww.rtetSRbser.org पर उपलब्ध कराया गया है। इसके अनुसार ही अभ्यर्थी आरटेट 2012 की तैयारी कर सकते हैं।

मामूली संशोधन : बोर्ड सचिव व समन्वयक मिरजूराम शर्मा के मुताबिक आरटेट 2011 व 2012 के पाठ्यक्रम में कोई खास परिवर्तन नहीं है। विशेषज्ञों ने ही एनसीटीई की गाइडलाइन के आधार पर इसे तैयार किया है। सेटिंग में कुछ गड़बड़ी थी वो दुरुस्त कर दी गई है। शिक्षा मंत्री ने जुलाई में आरटेट कराने की घोषणा की थी

शिक्षा मंत्री बृज किशोर शर्मा ने विधानसभा के बजट सत्र में आरटेट पर उठाए सवाल पर चर्चा के दौरान आरटेट 2012 जुलाई में कराने की घोषणा की थी। लेकिन उस समय भी तिथि तय नहीं की गई थी। अभी बोर्ड को राज्य सरकार की ओर से कोई तिथि नहीं मिली है।

31 जुलाई 2011 को हुई थी पहली आरटेट : बोर्ड सूत्रों के मुताबिक 31 जुलाई 2011 को आरटेट आयोजित की थी। प्रथम व द्वितीय लेवल परीक्षाओं में 10 लाख से अधिक अभ्यर्थी प्रविष्ट हुए थे। इस परीक्षा का परिणाम भी बोर्ड घोषित कर चुका है। लेकिन कोर्ट में विभिन्न मामले लंबित होने के कारण अब तक आरटेट 2012 की तिथि घोषित नहीं की जा सकी है।


BOARD OF SECONDARY EDUCATION RAJASTHAN, AJMER

Rajasthan Teacher Eligibility Test [RTET] - 2012

राजस्थान अध्यापक पात्रता परीक्षा – 2012 पाठ्यक्रम (NCTE की Guideline के अनुसार निर्धारित)
1. स्तर प्रथम – (कक्षा 1 से कक्षा 5 वीं तक) अधिकतम अंक : 150 समय 1.30 घंटा
खण्ड – Iबाल विकास एवं शिक्षा शास्त्र30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IIभाषा –I अंग्रेजी / हिन्दी / गुजराती / संस्कृत / सिंधी / उर्दू30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IIIभाषा –II अंग्रेजी / हिन्दी / गुजराती / संस्कृत / सिंधी / उर्दू30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IVगणित30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – Vपर्यावरण अध्ययन30 बहुउत्तरात्मक प्रश्न 30 अंक

Source - http://www.rtetbser.com/

BOARD OF SECONDARY EDUCATION RAJASTHAN, AJMER

Rajasthan Teacher Eligibility Test [RTET] - 2012

राजस्थान अध्यापक पात्रता परीक्षा – 2012 पाठ्यक्रम (NCTE की Guideline के अनुसार निर्धारित)
2. स्तर प्रथम – (कक्षा 6 से कक्षा 8 वीं तक) अधिकतम अंक : 150 समय 1.30 घंटा
खण्ड – Iबाल विकास एवं शिक्षा शास्त्र30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IIभाषा –I अंग्रेजी / हिन्दी / गुजराती / संस्कृत / सिंधी / उर्दू30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IIIभाषा –II अंग्रेजी / हिन्दी / गुजराती / संस्कृत / सिंधी / उर्दू30 बहुउत्तरात्मक प्रश्न 30 अंक
खण्ड – IVIV(अ) गणित एवं विज्ञान60 बहुउत्तरात्मक प्रश्न 60 अंक

IV (ब) सामाजिक अध्ययन60 बहुउत्तरात्मक प्रश्न 60 अंक
Source - http://www.rtetbser.com/
www.rtetbser.com RTET 2012 - www.rtetbser.org RTET 2012 - rtetbser.com RTET 2012 - rtetbser.org RTET 2012 - rtetbser 2012 - rtetbser RTET 2012



Jodhpur High court Rajasthan : TET a Mandatory Qualification to be appointed as Primary / Upper Primary Teacher


Jodhpur High court Rajasthan : TET a Mandatory Qualification to be appointed as Primary / Upper Primary Teacher

See various details/relaxations demanded by petitioners  from NCTE Guidelines to be appointed as teacher for RTE implementations


Sushil Sompura & Ors vs State (Education ) & Ors. on 20 May, 2011
1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

1. D.B.CIVIL WRIT PETITION NO.3964/2011

Sushil Sompura & Ors. Vs. State (Education) & Ors.

2. D.B.CIVIL WRIT PETITION NO.2584/2011

Mahendra Singh & Ors. Vs. State (Education) & Ors.

3. S.B.CIVIL WRIT PETITION NO.3061/2011 Narayan Lal & Ors. Vs. State (Education) & Ors.

4. S.B.CIVIL WRIT PETITION NO.3205/2011

Pawan Kumar & Anr. Vs. State (Education) & Ors.

5. S.B.CIVIL WRIT PETITION NO.3210/2011 Shaitan Singh Vs. State (Education) & Ors.

6. S.B.CIVIL WRIT PETITION NO.3223/2011 Vijaylakshmi Vs. State (Education) & Ors.

7. S.B.CIVIL WRIT PETITION NO.3224/2011 Jeevan Singh Vs. State (Education) & Ors.

8. S.B.CIVIL WRIT PETITION NO.3225/2011 Sangeeta Hada Vs. State (Education) & Ors.

9. S.B.CIVIL WRIT PETITION NO.3249/2011

Narendra Kumar Delu & Ors. Vs. State (Education) & Ors.

10. D.B.CIVIL WRIT PETITION NO.3258/2011

Asu Ram Jatiya & Ors. Vs. State (Education) & Ors.

11. S.B.CIVIL WRIT PETITION NO.3261/2011

Jai Kishan Saharan & ors. Vs. State (Education) & Ors.

12. S.B.CIVIL WRIT PETITION NO.3267/2011

Deena Ram & Ors. Vs. State (Education) & Ors.

13. S.B.CIVIL WRIT PETITION NO.3273/2011

Govind Singh & Ors. Vs. State (Education) & Ors.

14. S.B.CIVIL WRIT PETITION NO.3274/2011

Mahesh Dave & Ors. Vs. State (Education) & ors.

15. S.B.CIVIL WRIT PETITION NO.3275/2011

Mahaveer Prasad Bagerwal & Ors. Vs. State (Education) & Ors.

16. S.B.CIVIL WRIT PETITION NO.3277/2011

Ghewar Singh Rathore & Ors. Vs. State (Education) & Ors.

17. S.B.CIVIL WRIT PETITION NO.3280/2011

Ugam Singh & Ors. Vs. State (Edu.) & Ors.

2

18. S.B.CIVIL WRIT PETITION NO.3282/2011

Rakesh Kumar Utreja & Ors. Vs. State (Edu.) & Ors.

19. S.B.CIVIL WRIT PETITION NO.3283/2011

Raj Kumar Joshi Vs. State (Edu.) & Ors.

20. S.B.CIVIL WRIT PETITION NO.3284/2011

Sunil Kumar Vs. State (Edu.) & Ors.

21. S.B.CIVIL WRIT PETITION NO.3286/2011

Hari Om Sharma & Ors. Vs. State (Edu.) & Ors.

22. S.B.CIVIL WRIT PETITION NO.3290/2011

Gajendra Singh Ranawat & ors. Vs. State (Edu.) & Ors.

23. S.B.CIVIL WRIT PETITION NO.3318/2011

Seema Jalori & Ors. Vs. State (Edu.) & ors.

24. S.B.CIVIL WRIT PETITION NO.3320/2011

Sahadev Ram & Ors. Vs. State (Edu.) & Ors.

25. S.B.CIVIL WRIT PETITION NO.3321/2011

Ved Prakash & ors. Vs. State (Edu.) & ors.

26. S.B.CIVIL WRIT PETITION NO.3324/2011

Pawan Kumar Pareek & Ors. Vs. State (Edu.) & Ors.

27. S.B.CIVIL WRIT PETITION NO.3327/2011

Jagram & Ors. Vs. State (Ele. Education) & Ors.

28. S.B.CIVIL WRIT PETITION NO.3331/2011

Bhupendra & Ors. Vs. State (Edu.) & Ors.

29. S.B.CIVIL WRIT PETITION NO.3341/2011

Sanjay Kumar & ors. Vs. State (Edu.) & Ors.

30. S.B.CIVIL WRIT PETITION NO.3342/2011

Deen Dayal Sharma & Ors. Vs. State (Edu.) & Ors.

31. S.B.CIVIL WRIT PETITION NO.3390/2011

Tarun Paliwal & Ors. Vs. State (Edu.) & ors.

32. S.B.CIVIL WRIT PETITION NO.3696/2011

Susheela Kumari & Anr. Vs. State (Edu.) & Ors.

33. S.B.CIVIL WRIT PETITION NO.3848/2011

Narna Ram & Ors. Vs. State (Edu.) & Ors.

34. S.B.CIVIL WRIT PETITION NO.3913/2011

Umed Singh & Ors. Vs. State (Edu.) & Ors.

35. S.B.CIVIL WRIT PETITION NO.4105/2011

Bharat Kamliya (Salvi) & Ors. Vs. State (Edu.) & Ors. 3

36. S.B.CIVIL WRIT PETITION NO.4106/2011

Akram Ansari & Ors. Vs. State (Edu.) & Ors.

37. S.B.CIVIL WRIT PETITION NO.4108/2011

Maniram & Ors. Vs. State (Edu.) & Ors.

38. D.B.CIVIL WRIT PETITION NO.4403/2011

Laxman Lal Patel & Ors. Vs. State (Edu.) & Ors.

39. S.B.CIVIL WRIT PETITION NO.4416/2011

Hanuman Singh Rathore Vs. State (Edu.) & Ors.

40. S.B.CIVIL WRIT PETITION NO.4417/2011

Om Prakash & Ors. Vs. State (Edu.) & ors.

41. D.B.CIVIL WRIT PETITION NO.4421/2011

Vijender Kumar Sharma & Ors. Vs. State (Edu.) & ors.

42. S.B.CIVIL WRIT PETITION NO.4436/2011

Maha Prakash Sharma & Os. Vs. State (Education) & Ors.

43. S.B.CIVIL WRIT PETITION NO.4444/2011

Mangu Singh Bhati & Anr. Vs. State (Education) & Ors. Date of Order : : 20.05.2011 PRESENT

HON'BLE THE CHIEF JUSTICE MR.ARUN MISHRA

HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI

Mr.P.R.Mehta ]

Mr.P.S.Chundawat ]

Mr.Shambhoo Singh ]

Mr.S.R.Godara ]

Mr.Narpat Singh ]

Mr.H.S.Sidhu ]

Mr.G.R.Bhari ]

Mr.Vishwajeet Joshi ]

Mr.D.S.Sodha ]

Mr.Awar Dan Charan ]

Mr.Trilok Joshi ]

Mr.Pankaj Sharma ]

Mr.Tribhuva Gupta ]

Mr.V.N.Kalla ]-for the petitioners. Mr.Sandeep Saruparia ]

Mr.Sunil Beniwal ]

Mr.R.S.Charan ]

Mr.Sukesh Bhati ]

Mr.Vijay Raj Bishnoi ]

Mr.R.C.Joshi ]

Mr.V.R.Choudhary ]

Mr.Manoj Purohit ]

Mr.Manish Patel ]

Mr.O.P.Kumawat ]

Mr.Rohitash Singh ]

Mr.Vikas Bijarnia ]

Mr.B.S.Sandhu ]

Mr.Sumer Singh ]

Mr.Anand Purohit, AAG ]

4

Mr.Kuldeep Mathur ]

Mr.K.R.Bishnoi ]

Mr.D.S.Gaur ]

Mr.Rakesh Arora ]- for the respondents. ORDER

BY THE COURT (Per Hon'ble Arun Mishra, CJ) In these writ petitions, the petitioners have prayed for relief to quash the Gazettee Notification dated 23rd August, 2010 issued by the National Council for Teacher Education (hereinafter referred to as "the NCTE") in exercise of the powers conferred by Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the Act of 2009") laying down minimum qualifications to be eligible for appointment as a Teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of the Act of 2009.

Prayer has also been been made by the petitioners to quash the condition of having minimum 45% or 50% marks in graduation. In some of the matters, prayer has been made to include the qualification of B.Com. also in graduation. Prayer has also been made to declare that the Notification dated 23.8.2010 shall operate prospectively. In some of the petitions, the petitioners have prayed that as they have passed graduation from the University in Jammu and Kashmir, the respondents be directed to ignore the minimum percentage in the graduation. Prayer has also been made in some of the petitions that Vidhyarthi Mitra and Serva Shiksha Karmik (CRCF) may not be compelled to qualify the Teacher Eligibility Test (hereinafter referred to as "the TET").

The reference has been made by the Single Bench to 5 the Division Bench in Writ Petition No.3964/2011 Sushil Sompura & ors. V/s State of Rajasthan & ors. vide order dated 9th May, 2011. The following questions have been referred for adjudication by Division Bench:- "(A) Whether in absence of any eligibility or qualification in the rules the State Government can be permitted to conduct TET without amending the service rules made under Article 309,Constitution of India on the basis of notification dated 23.08.2010 which the Division Bench held vide order dated 13.4.2011 that it is not statutory in character ?

(B) Whether in view of the fact that stay order was in existence on 06.05.2011 upon conducting the TET in S.B.Civil Writ Petition No.3749/2011 an order for modifying the order dated 15.4.2011 passed in S.B.Civil Writ Petition No.3068/2011 could be made allowing the State Government to go ahead with conducting the TET examination? (C) Whether once opinion is expressed by the Division Bench that notification dated 23.8.2010 is not statutory in character, the learned Single Bench can pass order permitting the State Government to conduct TET examination which is not even enumerated in the service rules as eligibility or qualification on the basis of notification dated 23.8.2010 which is admittedly found to be administrative instruction by the Division Bench?

(D) Whether in absence of eligibility prescribed in the rules the State Government will suffer any irreparable injury in not conducting TET till adjudication of the matter and whether while conducting TET and declaring any candidate unsuccessful and thereby denying consideration for appointment on the post of Teacher under the existing rules is legal?

(E) Whether the State Government can withhold recruitment on the ground that first they will conduct TET and thereafter proceed for prescribing qualification in the rules?"

It appears that there are conflicting opinion expressed by the Single Benches whether the cases are required to be heard by Single Bench or Division Bench. There are also conflicting orders of interim stay granted in different matters by different Benches, as such, cases have been referred to the Division Bench. Considering the fact that the Notification dated 23.8.2010, which has been issued by the NCTE, is under section 23(1) of the Act of 2009, we have directed for listing of all the petitions before the Division Bench and have heard the learned counsel appearing on behalf of the parties on merits of the cases including questions which have been referred and they are being decided by this common order.

It is averred in Writ Petition No.3964/2011 that the petitioners have qualified three years degree course of graduation from respective colleges/university and thereafter, they have completed B.Ed. Course. Some of them have been appointed as Vidhyarthi Mitra under the Scheme introduced by the State Government for the purpose of teaching students of primary, upper primary, secondary and senior secondary schools. One incumbent is working on the post of CRCF in the Sarva Shiksha Abhiyan. It is further averred that the NCTE vide Notification dated 23.8.2010 issued under section 23 (1) of the Act of 2009 had laid down the minimum qualifications for being eligible for appointment as Teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of the Act of 2009. Such Notification could not have been issued in view of availability of persons under section 23. It could have been done only in cases where there are no adequate institutions offering course or training in teacher education are available with the State Government. TET will be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE as per communication P/4 dated 11.2.2011 issued by the Member Secretary, NCTE.

The State Government issued advertisement alongwith guidelines dated 30th March, 2011 for conducting TET and last date for submitting application was 18.4.2011 and the date of examination was fixed as 22.5.2011. It has been prescribed that 50% marks in B.A., B.Sc. are compulsory for appearing in TET examination, 2011 whereas the petitioners were allowed to appear in B.Ed. Course on the basis of marks obtained by them in graduation irrespective of the fact whether they have secured the marks more than 50% or below 50%. Thus, their degree of B.Ed. are being de-recognized with retrospective effect by imposing rider of certain percentage in the graduation (B.A., B.Sc. etc.). It is also submitted that as the petitioners are working as Vidhyarthi Mitra for several years, as such, they are not required to qualify TET examination. They should have been exempted from appearing in the TET examination. It is also submitted by the petitioners that as per the prevailing Rules of Recruitment in Rajasthan, the recruitment of teacher Gr.III is through RPSC or recruitment under the Rajasthan Panchayati Raj Rules 1996 or the Rajasthan Education Subordinate Rules 1971 and they do not provide holding of TET. Thus, action of holding TET examination is contrary to the Recruitment Rules. In some of the petitions, prayer has been made to treat the qualification of B.Com. in the graduation, which has been accepted by NCTE and B.Com. has been included in the group of qualification of graduation in the eligibility criteria. To that extent, prayer of the petitioners stands satisfied.

In some of the petitions, prayer has been made by the petitioners that as they have passed B.Ed. Examination from Jammu and Kashmir where there is no applicability of eligibility criteria specified by NCTE, as such, irrespective of their percentage in the graduation etc., they should be permitted to participate in the TET.

The relief prayed by the petitioners stands satisfied in view of the agreement expressed on behalf of NCTE to the effect that in case they have passed B.A, B.Sc., B.Com., Senior Secondary or its equivalent qualification and obtained admission in the requisite courses such as B.Ed., B.El.Ed. D.Ed. etc. as mentioned in para-1 of the Notification dated 23.8.2010, prior to the prescription of the minimum qualifying marks by NCTE in Bachelor's degree or Master's Degree etc. or any other qualification equivalent thereto vide notifications dated 27.9.2007 and 31.8.2009, the minimum qualification of having 45% or 50% marks, as the case may be, in the bachelor's degree or master's degree etc. or any other equivalent qualification, shall not be insisted as stated by Mr. Kuldeep Mathur, learned counsel appearing on behalf of the NCTE on being instructed by Regional Director, NCTE. Thus, the major grievance of the petitioners that their qualifications of B.Ed. B.El.Ed. etc. mentioned in para 1 are being de- recognized with retrospective effect when there was no prescription of minimum qualifying marks of 45% or 50%, as the case may be, stands redressed in view of the statement made by learned counsel appearing on behalf of the NCTE.

It has been further stated by the learned counsel for the NCTE that for the first time, de-novo qualifications were prescribed by the NCTE vide Notification dated 27.9.2007 and further, qualifications were prescribed vide Notification dated 31.8.2009 and in case admission has been taken by the incumbents in any of the courses of B.Ed. B.El.Ed. etc. as mentioned in para-1 of the Notification dated 23.8.2010 prior to aforesaid dates, they shall not insist for having 45% or 50% marks, as the case may be, in qualifying examination for aforesaid courses. Thus, respondents have to allow aforesaid incumbents in TET examination, 2011. Coming to the question of surviving reliefs, it is submitted that notification dated 23.8.2010 is illegal, arbitrary and ulra vires the Constitution. It is not necessary and it is repugnant to the Rules of Service in the State. The guidelines for conducting TET as contained in P/6 provides that the implementation of the Act of 2009 requires the recruitment of a large number of teachers. It is necessary to ensure that persons recruited as teachers possess the essential aptitude and ability to meet the challenges of teaching at the primary and upper primary level Class I to VIII. Section 23 (1) of the Act of 2009 provides for minimum qualifications as laid down by the Academic Authority, authorized by the Central Government by notification. NCTE has been authorized by the Central Government to lay down minimum qualifications and vide notification dated 23rd August, 2010, NCTE has notified minimum qualifications, which are essential for teaching in any school as referred to in clause (n) of section 2 of the Act of 2009. It is necessary that incumbent should pass TET which will be conducted by the appropriate Government. The rationale for including TET as one of the minimum qualifications is quoted below:-

"3. The rationale for including the TET as a minimum qualification for a person to be eligible for appointment as a teacher is as under:-


 i. It would bring national standards and benchmark of teacher quality in the recruitment process;


ii. It would induce teacher education institutions and students from these institutions to further improve their performance standards;


iii. It would send a positive signal to all stakeholders that the Government lays special emphasis on teacher quality."


Section 23 of the Act of 2009 which is enabling provision for prescription of the qualifications is quoted below:-


"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, authorized 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. 11


(3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be such as may be prescribed."


Section 2(n) of the Act of 2009 which specifies schools for imparting elementary education is quoted below:-


"2(n) "School" means any recognized school imparting elementary education and includes- (i)a school established, owned or controlled by the appropriate Government or a local


authority;


(ii)an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;


(iii)a school belonging to specified category; and


(iv)an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local


authority;"

The notification dated 23rd August, 2010 is quoted below:-

"NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 23rd August, 2010

F.No.61-03/20/2010/NCTE/(N&S).- In exercise of the powers conferred by Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and in pursuance of Notification No.S.O.750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of 12

the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification:-

1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with atleast 50% marks and 2-year Diploma in Elementary Education (by whatever name known) OR

Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2002.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.)

OR

Senior Secondary (or its equivalent) with atleast 50% marks and 2- year Diploma in Education (Special Education)

AND
(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VIII

(a) B.A./B.Sc. and 2- year Diploma in Elementary Education (by whatever name known)

OR

B.A./B.Sc. With atleast 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

B.A./B.Sc. With atleast 45% marks and 1-year Bachelor in Education (B.Ed.) in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed)

13

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4 year BA/B.Sc.Ed or B.A.Ed./BSc.Ed. OR

BA/B.Sc. With at least 50% marks and 1-year B.Ed. (Special Education).

AND
(b) Pass in the Teacher Eligibility Test to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

2. Diploma/Degree Course in Teacher Education.- For the purposes of this Notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education (NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered.

3. Training to be undergone.-A person-

(a) with BA./B.Sc. With atleast 50% marks and B.Ed. qualification shall also be eligible for appointment for class I to V upto 1st January, 2012 provided he undergoes, after appointment, an NCTE recognized 6 month special programme in Elementary Education.

(b) with D.Ed (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-month special programme in Elementary Education.

4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (i) above.

(a) A teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into 14

force, in accordance with that Regulation. Provided that a teacher of class I to V possessing B.Ed. Qualification, or a teacher possessing B.Ed. (Special education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognized 6- month special programme on elementary education. (b) A teacher of class I to V with B.Ed.Qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE.

(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5. Teacher appointed after the date of this Notification in certain cases.- Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

HASIB AHMAD, Member Secy."

It is stated by the learned counsel appearing on behalf of the NCTE that prior to 27.9.2007, NCTE has not prescribed qualifying marks in B.A., B.Com. B.Sc. or Senior Secondary etc. By way of the said Notification dated 27.9.2007, the eligibility criteria was prescribed to the effect that candidates with atleast 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, were eligible for admission to the programme of B.Ed. etc. The reservation for SC/ST/OBC and other categories were provided as per the Rules of the Central 15

Government/State Government, whichever was applicable. Relaxation of 5% marks was provided in favour of SC/ST/OBC and other categories of candidates. The eligibility criteria laid down in the Notification dated 27.9.2007 is quoted below:-

"3.2 Eligibility

3.2.1 Candidates with atleast 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

3.2.2 The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable. There shall be relaxation of 5% marks in favour of SC/ST/OBC and other categories of candidates."

In the Notification dated 31.8.2009, the eligibility criteria laid down was to the effect that candidates with atleast 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, were eligible for admission to the programme. Para 3(2) prescribing eligibility is quoted below:-

"3(2) Eligibility

(a) Candidate with a tleast fifty percent marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

(b) The reservation in seats and relaxation in the qualifying marks in favour of the reserved categories shall be as per the rules of the concerned Government."

It is apparent from the above that 50% marks were required either in Bachelor's Degree and/or Master
Degree or any other qualification equivalent thereto with effect from 31.8.2009. Earlier 45% marks were required in Bachelor's Degree or Master Degree or any other qualification equivalent thereto w.e.f. 27.9.2007. The said criteria as stated by learned counsel appearing on behalf of the NCTE on being instructed by Regional Director, shall not be insisted in case admission has been taken by the incumbent in the requisite courses specified in para 1 of the notification dated 23.8.2010, prior to the aforesaid dates. It is apparent that incumbents having 45% marks either in the Bachelor's Degree or in the Master's degree or any other qualification equivalent thereto, were eligible for admission with effect from 27.9.2007 and 50% marks with effect from 31.8.2009. The said criteria shall not be applicable to an incumbent who has obtained admission earlier in the requisite courses prior to aforesaid dates. It is submitted by the learned counsel for the petitioners that the Notification dated 23.8.2010 is illegal, arbitrary and ultra vires being wholly unnecessary and repugnant to the Service Rules of the State. In our opinion, the said notification cannot be said to be illegal or ultra vires the Constitution. It has been issued as per mandate of Section 23(1) of the Act of 2009 which enables the NCTE being academic authority authorized by Central Government by notification to prescribe minimum qualifications. The Notification has been issued with the objective to provide efficient education at the primary and upper primary level. The Act of 2009 has been enacted to provide for free and compulsory education to all children of the age of six to fourteen years. Over the years there has been significant spatial and numerical expansion of elementary schools in the country, yet the goal of universal elementary education continues to elude us. The number of children, particularly children from disadvantaged groups and weaker sections, who drop out of school before completing elementary education, remains very large. Moreover, the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education. The Act of 2009 seeks to provide that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. It provides compulsory education, free education, duties and responsibilities of the appropriate Government, local authorities, parents, schools and teachers in providing free and compulsory education and a system for protection of the right of children and decentralized grievance redressal mechanism. The legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. The implementation of the Act of 2009 requires recruitment of large number of teachers and it is desirable to ensure that quality requirement for recruitment of teachers are not diluted at any cost and thus, it is necessary to ensure that persons recruited as teachers possess the essential aptitude and ability to meet the challenges of teaching at the primary and upper primary level. Considering the provisions of the Act of 2009, aims and objects of the Act of 2009 and the purpose for which minimum qualifications have been prescribed vide Notification dated 23rd August, 2010, we find that prescription of minimum qualifications is with the objective to ensure providing of quality education at primary and upper primary level. In the present scenario, there is high competition and deterioration in the standard of education, mashroom growth of institutions without requisite infrastructure and keeping this aspect in mind, it has been considered appropriate to ensure that the children, who are future of the Nation, are efficiently taught by the qualified incumbents and for that if TET was prescribed, such prescription cannot be said to be illegal or arbitrary or impermissible at all, rather it would bring national standards and benchmark of teacher quality in the recruitment process, it would induce teacher education institutions and students from these institutions to further improve their performance standards and it would convey positive message to all stakeholders that the Government lays special emphasis on teacher quality and ultimately, by recruiting highly qualified teachers, children would be benefited. It is also permissible to lay down certain qualifications for appearing in the TET. However, as agreed by learned counsel for the NCTE, the NCTE is not going to wipe off the qualification obtained by taking admission prior to 27.9.2007 and 31.8.2009. As per the concession provided by the NCTE, it cannot be said that there is wiping out of the qualification with retrospective effect when such standards were not prescribed.

Submission was raised by the learned counsel for the petitioners that in Service Rules of the State such qualifications are not being provided. The State Government vide Notification dated 11.5.2011 amended the qualification criteria as laid down in the Rules 266, 273 and schedules appended to the Rajasthan Panchayati Raj Rules, 1996. Copy of the said 19

Notification has been placed on record, which shows that the State Government has framed the amended rules, namely, Rajasthan Panchayati Raj (Second Amendment) Rules, 2011 by which Rules 266 and 273 and schedules attached thereto were amended and for recruitment to the post of Teacher, the qualifications as prescribed from time to time by NCTE as per provisions of sub-section (1) of Section 23 of the Act of 2009 were laid down. Thus, submission raised by the learned counsel for the petitioners that the Notification issued under section 23(1) of the Act of 2009 is repugnant to the said Service Rules does not survive. Apart from this, clearing TET does not ensure the employment, but ensures the quality whereas the Service Rules in the State of Rajasthan deal with employment. Thus, examination of TET was not necessary to be provided in the State Service Rules. However, in any view of the matter, as already stated above, it has now been provided by way of amendment in Service Rules.

It is submitted by the learned counsel for the petitioners, who have passed B.Ed. or its equivalent course from the Jammu and Kashmir that though they are resident of Rajasthan, but obtained admission in Jammu and Kashmir where prescription of minimum 45% marks in graduation or post graduation or equivalent qualification with effect from 27.9.2007 and 50% in graduation or post graduation or equivalent qualification with effect from 31.8.2009 etc. was not applicable and as such, even if they have obtained admission in requisite courses in Jammu and Kashmir after aforesaid prescription of minimum percentage by NCTE, they should be permitted to stake their claim in the TET examination ignoring the eligibility criteria prescribed by NCTE with effect from 27.9.2007 and 31.8.2009.

We cannot accept the aforesaid submission. In case they have passed the B.Ed. or any other requisite course, which is prescribed by NCTE in the Notification dated 23.8.2010, obviously, they can stake their claim subject to the condition that they fulfil the eligibility criteria as prescribed by NCTE applicable in Rajasthan vide notifications dated 23.9.2007 and 31.8.2009. In our opinion, it was open to the NCTE to lay down such qualifications and they cannot be circumvented by the petitioners in the manner they have suggested. They are bound by the qualifications prescribed in the notification dated 23.8.2010. Only in case they had obtained admission in the requisite course prior to 27.9.2007 or 31.8.2009 as the case may be, without violating the norms of NCTE, they can be permitted to appear in the TET not otherwise. In case they have not taken admission in the requisite course prior to 27.9.2007 or 31.8.2009 and they were not having minimum percentage and qualifications as prescribed vide notifications dated 27.9.2007 or 31.8.2009 even though such qualifications were not applicable in Jammu and Kashmir, they cannot stake their claim in TET which is being conducted in State of Rajasthan. It is open to NCTE to lay down eligibility criteria which is equally applicable to all. There cannot be different criteria for Rajasthan incumbents and incumbents from Jammu and Kashmir. The learned counsel for the petitioners have relied upon the decision of Allahabad High Court in Kanhiya Lal V/s State of UP and ors. (decided on 5th January, 2010) in which Allahabad High Court has observed that there was valid reason for not treating incumbents obtaining degree from Jammu & Kashmir eligible for admission for Special B.T.C. Course. If 21

the Government decides that such educational qualification, which fulfil the minimum standard set by NCTE would be valid qualification for admission in Special B.T.C. the decision of the Government cannot be treated to be per se illegal as the Bar created in NCTE Act admittedly applies to the State of UP. The petition was dismissed. The decision is of no help to the cause espoused by the petitioners.

Yet another decision of Allahabad High Court has been relied upon in Smt.Sadhana Singh V/s State of UP. & ors. (Special Appeal No.(1323) of 2009) in which petitioner has obtained degree of B.Ed. from the Jammu and Kashmir University and applied in the selections for Special BTC Training Course, 2007 designed specially for those, who have B.Ed. degrees for training to fill up vacancies of teachers with primary school teachers training, after seeking approval of the NCTE. The petitioner was excluded from the selection on the ground that she has obtained B.Ed. degree from Jammu and Kashmir University. In that, the decision of the Full Bench of Allahabad High Court dated 6.1.2009 in Special Appeal No.858 of 2008 Bhupendra Nath Tripathi & ors. V/s State of U.P.& ors. was referred to in which it has been laid down that exclusion of the candidates from the field of eligibility for Special Basic Training Course 2007, who had obtained B.Ed. degree prior to enforcement of National Council for Teacher Education Act, 1993 or after the enforcement of National Council for Teacher Education Act, 1993 during the period when the application of the Institution or the University was pending consideration was arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India. The decision does not assist the petitioners as it is the case where NCTE Act was not enforced or 22

where institutions have applied but the recognition was not given. In the instant case, NCTE Act was in force in the area in question in Rajasthan and NCTE has prescribed the eligibility criteria, which is equally applicable to all. Thus, the above decision is of no help to the petitioners.

In Hanuman Lal Harijan V/s State of Rajasthan (1997 (3) WLC (Raj.) 142), the Division Bench of this Court has laid down with respect to eligibility that once eligibility was recognized and subsequent de- recognition of any qualification will have prospective effect and qualification acquired before de- recognition would be treated as valid qualification. In State of Rajasthan & ors. V/s Shiv Karan & ors. (1994(3) WLC (Raj.) 594), it has been held that since the petitioner passed Prathma Examination prior to its de-recognition and said examination at the relevant time was recognized as equivalent to High School/Matriculation, he was entitled to be considered for promotion on the basis of Prathma qualification. To that extent, the NCTE has agreed to consider the candidature of the persons in case admission was obtained by them in the requisite course when the prescription of minimum percentage was not in force. The learned counsel for the petitioners pressed into service the decision in State of Rajasthan V/s Bhupendra Singh (RLR 2002(1) 198) in which it has been laid down that the State Government cannot provide two different standards for admission to LL.B. and providing of minimum 60% marks for graduates from University outside the State of Rajasthan and 45% marks for graduates from University within State of Rajasthan was held to be unfair, arbitrary and violative of Article 14 of the Constitution. The above decision is of no help to the petitioners, but rather defeats the cause espoused by them as students obtaining degrees from Jammu and Kashmir cannot claim differential treatment in the matter of prescription of qualifications from time to time by NCTE which are equally applicable to all in Rajasthan.

In Basic Education Board UP V/s Upendra Rai and ors. ((2008) 3 SCC 432), the Apex Court has considered the question of recruitment process and change in eligibility conditions with respect to educational qualifications, equivalent qualification, recognition/derecognition, granting/revocation of equivalent and held that Diploma in Education (DEd) is no longer regarded as equivalent to Basic Teacher's Certificate after the circular dated 11.8.1997 in UP. The Apex Court has also laid down that the court cannot interfere with policy decision of the Government unless it is in violation of some statutory or constitutional provision. The Apex Court has also laid down that grant of equivalence or revocation of equivalence is an administrative decision which is in the sole discretion of the authority concerned and the court has nothing to do with such matters. The matter of equivalence is decided by the experts appointed by the Government, and the court does not have expertise in such matters and it should exercise judicial restraint and not interfere in it. The Apex Court has held thus:-

"14. The respondent admittedly got appointment after the Circular dated 11.8.1997 and hence this circular applies to him. Admittedly, the respondent does not possess the qualification mentioned in the said circular. He does not either possess BTC, Hindustani Teaching Certificate, JCT or Certificate of Teaching. The DEd Certificate is no longer regarded as equivalent to BTC after the Circular dated 11.8.1997. This was a policy decision of the U.P. Government, and it is well 24

settled that the court cannot interfere with policy decision of the Government unless it is in violation of some statutory or constitutional provision. Hence, we are of the opinion that the respondent was not entitled to be appointed as Assistant Master of a junior basic school in U.P.

15. Grant of equivalence and/or revocation of equivalence is an administrative decision which is in the sole discretion of the authority concerned, and the court has nothing to do with such matters. The matter of equivalence is decided by experts appointed by the Government, and the court does not have expertise in such matters. Hence, it should exercise judicial restraint and not interfere in it."

The Apex Court in the above case has also discussed the scope of the National Council for Teacher Education Act, 1993. However, in the instant case, we are concerned with the Act of 2009 and the eligibility criteria prescribed in the Notification dated 23rd August, 2010 issued by NCTE under the authority of section 23(1) of the Act of 2009. In such matter, scope of interference is minimum and we cannot accept the submission raised by the petitioners that qualification of possessing minimum percentage 45% or 50% as the case may be in the requisite course after 27.9.2007 or 31.8.2009 as the case may be, should be given go-bye. They can stake their claim on the basis of requisite course of B.Ed. provided they fulfil the other requirement as per notifications dated 27.9.2007 and 31.8.2009. In case they obtained admission before the said dates in the requisite courses in Jammu & Kashmir, obviously their qualification would be recognized and they can stake their claim in the TET otherwise not.

In Rajasthan Public Service Commission V/s Kaila Kumar Paliwal & anr. ((2007) 10 SCC 260), where for
promotion to the post of Headmaster, teaching experience of five years was essential as per the relevant Rules and feeder post for promotion to Headmaster was Teacher Grade II and for Grade II feeder post Grade III and it was held by the Apex Court that Public Service Commission rightly decided that teaching experience as Teacher Gr.III did not satisfy the conditions for appointment as Headmaster. A person in order to be considered for promotion to a higher post must possess the essential qualification. If he does not do so, he cannot be considered therefor. Coming to the submission raised by the petitioners that as they are already working as Teachers, they should be exempted from appearing in the TET. With respect to the aforesaid prayer, provision has been made in para 4 of the Notification dated 23rd August, 2010, which provides that categories of teachers mentioned in para 4(a) to (c) appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in para (1) of the said Notification. Para 4(a) provides a teacher appointed on or after the 3rd September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher of class I to V possessing B.Ed. qualification, or a teacher possessing B.Ed. (Special education) or D.Ed. (Special Education) qualification shall undergo an NCTE recognized 6-month special programme on elementary education. Para 4 (b) provides a teacher of class I to V with B.Ed. Qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE. Para 4(c) provides a teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. In case the petitioners fall in the aforesaid categories of teachers, obviously they are not supposed to undergo TET. Since there are various kind of teachers appointed under the Rules in Rajasthan, we direct the NCTE to specify in State of Rajasthan categories of Teachers, which are exempted as per para 4 of the said Notification. Let it be done within a period of one month.

Consequently, the questions referred by the Single Bench for adjudication by the Division Bench are answered in seriatum thus:-

"Answer to question (A):-

The State Government has amended the Service Rules and even otherwise, in our opinion, as Notification dated 23rd August, 2010 was having statutory force of Section 23(1) of the Act of 2009, it was open to the NCTE to prescribe holding of TET even without amending the Service Rules. However, as already stated, Rajasthan Punchayati Raj Rules,1996 have been amended vide notification dated 11.5.2011. Thus, question (A) stands answered accordingly.

Answer to question (B):-
The question (B) has assumed academic significance as we have heard the matters and decided the same on merits by this common order. 

Answer to question (C)-
As to question (C), we are of the opinion
that since Notification dated 23rd August, 2010 was issued under section 23(1) of the Act of 2009, therefore, it has statutory force. Apart from this, the State Government has amended the Service Rules. Even otherwise, it was open to the NCTE to prescribe conducting of TET. The notification dated 23.8.2010 cannot be said to be administrative instructions, it has legislative force. The prescription of eligibility qualifications has statutory force.

Answer to question (D)-
The question (D) has been rendered unnecessary in view of the final decision being rendered by us. Apart from this, the question has assumed academic importance as the Service Rules has been amended prescribing conducting of TET. Holding of TET is necessary for manning the teachers in the various schools at large. Thus, non-holding of TET would be detrimental to the public interest as primary and upper primary schools cannot be left without qualified teachers which is dependent upon holding of TET. Hence, holding of TET is necessary for the interest of the children.

Answer to question (E)
As already stated above, holding of TET is necessary for the recruitment to be made in the schools. Thus, there is no question of State Government withholding recruitment as after TET, recruitment is open to be made.

For the reasons stated above, the interim stay is vacated. The respondents are free to hold the TET examination. The prayer of the petitioners regarding inclusion of qualification of B.Com. in the group of qualification of graduation in the eligibility criteria has already been allowed. The respondents shall not insist on the qualification of having 45% or 50% marks, as the case may be, in the bachelor's degree or master's degree etc. or any other equivalent qualification, in case incumbents have obtained admission in the requisite courses such as B.A., B.Com., B.Sc., B.Ed., B.El.Ed, Senior Secondary etc. prior to prescription of the minimum qualifying marks by NCTE vide notifications dated 27.9.2007 and 31.8.2009. It is made clear that the incumbents, who have obtained the B.Ed. etc. before the minimum qualifications were prescribed vide notifications dated 27.9.2007 and 31.8.2009, shall be allowed to appear in the TET Examination. The incumbents, who have passed out B.Ed. Course from Jammu & Kashmir, have to be dealt with on similar yard sticks in case the qualification is otherwise recognized.

Let NCTE specify categories of teachers under para 4 of Notification dated 23.8.2010. As prayed by NCTE, let amended notification be issued within one month covering aforesaid aspects.

With the aforesaid directions, the writ petitions stand disposed of accordingly. The stay applications also stand disposed.

(KAILASH CHANDRA JOSHI), J. (ARUN MISHRA), C.J. Parmar


Source : http://indiankanoon.org/doc/390714/