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SUDHANSHU DHULIA, PANKAJ MITHAL
Navin Kumar – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
ORDER :
1. In Devesh Sharma vs. Union of India, 2023 INSC 704 (delivered on 11.08.2023), there was before us a challenge to the judgement of the Rajasthan High Court dated 25.11.2021 where it was held that for appointment of primary school teachers (i.e., teachers of Class I to Class V), the essential qualification is D.El.Ed. (i.e., Diploma in Elementary Education) and not B.Ed. (i.e., Bachelor in Education), and B.Ed. qualified candidates were held to be disqualified.
2. Before the Rajasthan High Court, the National Council for Teachers Education (hereinafter referred to as “NCTE”) notification dated 28.06.2018, by which B.Ed. qualified candidates were held eligible was, inter alia, under challenge. In our judgment dated 11.08.2023, we have upheld the Division Bench order of Rajasthan High Court and affirmed the findings that the essential qualification for appointment as primary school teachers is Diploma in Elementary Education and not B.Ed. Consequently, the NCTE notification dated 28.06.2018 and the regulations made therein, by which B.Ed was made a qualification, were quashed and set asi
The court established that D.El.Ed. is the sole qualification for primary school teachers, invalidating B.Ed. as a qualification and affirming the prospective application of its ruling.
The Supreme Court ruled that B.Ed. is not a valid qualification for primary school teachers, affecting eligibility for appointments made after its decision.
The inclusion of B.Ed. as eligibility for primary level teacher posts is illegal and undermines educational quality, necessitating the prioritization of D.El.Ed qualifications under the Right to Educ....
(1) Elementary education has to be of good quality and not just a ritual or formality – A good teacher is first assurance of quality education in a school.
(2) NCTE was not justified in including ....
The main legal point established in the judgment is the requirement of D.Ed. qualification for the post of Special Teacher under the Special School Code, 1997, and the importance of proper training f....
The judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
B.Ed. qualification alone is not sufficient for appointment as a teacher in Elementary/Primary Schools, as established by the judgment of the Hon’ble Supreme Court.
Possession of a higher qualification, such as B.Ed., did not disqualify the petitioner from holding the advertised post if she actually possessed the basic qualification laid down for the post.
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