SUPREME COURT ORDER 04/12/2014 _______________________________ IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.39 OF 2013 DEBABRATA MISRA & ORS. ..PETITIONER(S) VERSUS UNION OF INDIA & ORS. ..RESPONDENT (S) WITH WRIT PETITION (CIVIL) NO.3 OF 2014 WRIT PETITION (CIVIL) NO.51 OF 2014 WRIT PETITION (CIVIL) NO.257 OF 2014 WRIT PETITION (CIVIL) NO.258 OF 2014 WRIT PETITION (CIVIL) NO.206 OF 2014 WRIT PETITION (CIVIL) NO.94 OF 2012 WRIT PETITION (CIVIL) NO.294 OF 2012 WRIT PETITION (CIVIL) NO.824 OF 20142 O R D E R Writ Petition(Civil) No.39 of 2013 1. Heard learned counsel for the parties to the lis. 2. Pleadings are complete in this writ petition. 3. The prayers in this writ petition are as under: A. Issue a writ order or direction in the nature of writ of certiorari quashing the Notification dated October 19, 2012, the Information Booklet-Cum-App lication Form for the candidates appearing at Teacher Eligibility Test (TET) 2012 and the supplementary notification dated 15.11.2012 published by the West Bengal Board of Primary Education for appointment to the post of Assistant Teachers in Government Sponsored/Aided Primary/ Junior Basic Schools under the District Primary School Councils in West Bengal in order to bring uniformity in the education system to protect fundamental right. B. Issue a writ order or direction in the nature of writ of certiorari quashing the Gazette notification S.O.1352(E) dated June 1, 2011 issued by the Ministry of Human Resource Development in exercise of3 the powers conferred by sub-section (2) of section 23 of the RTE Act, whereby the Central Government grants relaxation to the State Government of West Bengal in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India vide No.215 dated the 25th August 2010. C. Issue a writ order or direction in the nature of writ of certiorari quashing the Notification No.S.O.1264(E) dated 18th May, 2011 issued by the Ministry of Human Resources Development of the Central Government violating the previous undertaking thereby granting relaxation to the State of Orissa for the second time. D. Issue a writ order or direction in the nature of writ of certiorari quashing the S.O.2165(E) dated 10th September, 2012, S.O.2513 (E) dated the 17th October, 2012, S.O. 2389 (E) dated the 28 September, 2012, S.O. 1390 (E) dated the 1 st June, 2011, S.O.1353(E) dated the 18th June, 2012, S.O.2165(E) dated the 10th September, 2012, S.O. 1391 (E) dated the 18th June, 2012 and S.O.2512 (E) dated the 17th October, 2012 issued by the Ministry of Human Resource Development in exercise of the powers conferred by sub-section (2) of section 23 of the Right of Children to Free and Compulsory Education Act, 2009. E. Issue a writ order or direction in the nature of writ of certiorari quashing4 the Notification No.323-SE(Law)/ES/ S/1A- 01/2009. - 15th march, 2012 which has framed the West Bengal Right of Children to Free and Compulsory Education Rules, 2012 in order to give unwarranted benefits to some candidates and the same is not in conformity with the Right of Children to Free and Compulsory Education Rules, 2010 and thus ultra virus and the same may be set aside to its entirety. F. Issue a writ order or direction in the nature of writ of Mandamus directing respondent No.1, 2 and 3 to protect the fundamental right of education of children of the State of West Bengal and to give preference in appointment to the Trained Candidates in Primary as well as Upper Primary Candidates as per Central Governments policy decisions and notifications and/or orders. G. Issue a writ order or direction in the nature of writ of Mandamus directing the respondent No.1 (Union of India), 2 (State of West Bengal) and 3 (Director of School Education, West Bengal)to relax the upper age limit for the persons having B.Ed. qualification for appointment to the post of Asstt. Teacher.
Posted on: Wed, 10 Dec 2014 11:02:09 +0000
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