Ujjal Halder & Ors vs Union Of India & Ors
2022 Latest Caselaw 7252 Cal

18.10.2022
Item No.4
Ct. No.17
AKG/S.A.
                                      WPA 23202 of 2022


                                   Ujjal Halder & Ors.
                                           -vs-
                                  Union of India & Ors.


                        Mr. Surajit Nath Mitra,
                        Mr. Chittapriya Ghosh,
                        Ms. Komal Singh,
                        Mr. Somesh Ghosh
                                                        ...for the petitioners
                        Mr.   Santanu Mitra,
                        Mr.   Samimul Bari,
                        Mr.   Kapil Guha,
                        Mr.   Jaladhi Das,
                        Mr.   Somnath Naskar
                                                             ...for the State
                        Mr. Subrata Santra
                                               ...for the Union of India
                        Mr. Saikat Banerjee
                                   ...for the Board of Primary Education
                        Mr. U. K. Jana
                                                         ...for N.C.T.E.



                        The writ petitioners challenged a notification

             dated September 29, 2022 issued by the West Bengal

             Board of Primary Education for conducting the Teachers

             Eligibility Test, 2022 (TET 2022) for Classes I to V.

                   Mr. Surajit Nath Mitra, learned senior counsel

             appearing for      the    petitioners   referring to the   said

             notification, annexure -P/1 to the writ petition submits

             that, the eligibility criteria was fixed inter alia on the basis

             of N.C.T.E (The National Council for Teachers Education)

             notification dated August 25, 2010 read with June 28,

             2018 and also read with October 13, 2021.
                    2




      Learned senior counsel submitted that the, said

notification dated June 28, 2018 fixing the qualification of

a candidate having Graduation with at least 50% marks

and Bachelor of Education (B.Ed.) stood set aside by a

Division Bench of Rajasthan High Court in D.B. Civil Writ

Petition No. 1853/2021 ( Rajendra Singh Chotiya & Anr.

-vs.- The National Council For Teachers Education &

Ors.) by its judgment and order dated November 25, 2021.

It is also submitted that, the said decision of the Division

Bench of the Rajasthan High Court is under challenge

before the Hon'ble Supreme Court          in Special Leave

Petition ( C ) Nos. 20743 of 2021. Mr. Mitra submitted

that as of now, the said notification dated June 28, 2018

stands set aside by the Division Bench of the Rajasthan

High Court and as such, the intending candidates having

the qualification of Graduation with at least of 50% marks

and Bachelor of Education (B.Ed.) are not eligible to

participate in the said TET-2022 Examination.

      It is also submitted by Mr. Mitra that ad valorem

Court fees of this writ petition have already been paid.

      Mr. Saikat Banerjee, learned counsel appearing for

the respondent nos. 8 and 9 submits that it is the

N.C.T.E., who should inform such fact to the respondent

nos. 8 & 9 and no such information has been received. In

absence of any such information, the respondent nos. 8 &

9 had rightly issued the said notification dated September

29, 2022. Such submission of Mr. Banerjee has been

disputed by Mr. Mitra. He submitted that the respondent

nos. 8 & 9 were aware of this fact in a previous writ

petition which is pending before this Court.

It is a fact that the said Special Leave Petition is

fixed on November 16, 2022.

Considering the rival submissions and the materials

on record, this Court makes it clear that all the steps

taken and to be taken in terms of the said notification

dated September 29, 2022, annexure-P/1 to the writ

petition shall abide by the result of the said pending

Special Leave Petition before the Hon'ble Supreme Court,

including the fate of the intending candidates, who are

covered by the said notification dated June 28, 2018.

With the above observations, this writ petition being

WPA 23202 of 2022 stands disposed of, without any

order as to costs.

(Aniruddha Roy, J.)