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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, SANDEEP V. MARNE, JJ.
Abhijit Madhavrao Patil – Appellant
Versus
The State of Maharashtra – Respondents
Writ Petition No.10388, 7790 of 2019
Decided on : 07-10-2022
QUALIFICATIONS - TEACHER APPOINTMENT - Article 226 - Schedule 'B' of Government Resolution dated 25.02.2019, Corrigendum dated 12.06.2019 - The court examined the challenge to the qualifications prescribed for the appointment of teachers for the combined subject of Maths-Science. The petitioners, who had completed graduation in Microbiology, Biotechnology, Agriculture Science, and Computer Science, were held ineligible to teach the combined subject of Maths-Science. The court analyzed the qualifications prescribed, the opinions of experts, and the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and concluded that the State Government is entitled to prescribe higher qualifications than the minimum qualifications prescribed by NCTE and to prescribe qualifications suited to teach particular subjects. The court dismissed the petitions, allowing the State Government to amend the provisions of Act of 1977 or any administrative instructions relating to the prescription of qualifications for appointment of teachers based on the opinion of experts.
Fact of the Case:
The petitioners challenged the qualifications prescribed for the appointment of teachers for the combined subject of Maths-Science, arguing that they were held ineligible to teach the combined subject despite completing graduation in relevant subjects and clearing Teachers Eligibility Test and Teachers Aptitude and Intelligence Test.
Finding of the Court:
The court found that the State Government is entitled to prescribe higher qualifications than the minimum qualifications prescribed by NCTE and to prescribe qualifications suited to teach particular subjects. The court dismissed the petitions, allowing the State Government to amend the provisions of Act of 1977 or any administrative instructions relating to the prescription of qualifications for appointment of teachers based on the opinion of experts.
Issues: The issues involved the challenge to the qualifications prescribed for the appointment of teachers for the combined subject of Maths-Science, the interpretation of the Right of Children to Free and Compulsory Education Act, 2009, and the authority of the State Government to prescribe qualifications for teachers.
Ratio Decidendi: The court held that the State Government is entitled to prescribe higher qualifications than the minimum qualifications prescribed by NCTE and to prescribe qualifications suited to teach particular subjects. The court emphasized that the qualifications necessary for appointment of teachers to teach the combined subject of Maths-Science is something which can be decided by the State Government alone by acting on the opinion of experts in the field.
Final Decision: The court dismissed the petitions, allowing the State Government to amend the provisions of Act of 1977 or any administrative instructions relating to the prescription of qualifications for appointment of teachers based on the opinion of experts.
JUDGMENT :
SANDEEP V. MARNE, J.
A. THE CHALLENGE:
By the present petitions filed under the provisions of Article - 226 of the Constitution of India, the petitioners challenge Clause – 7 of Schedule ‘B’ of the Government Resolution dated 25.02.2019 as well as the advertisements issued by the State Government for different districts for appointments on the post of Shikshan Sevak in respect of combined subject of Maths - Science. The petitioners’ grievance essentially is that having completed graduation in Microbiology, Biotechnology, Agriculture Science and Computer Science, they are held eligible to teach Science subject, but are held ineligible to teach either the subject of Mathematics or the combined subject of Mathematics-Science. To this extent, the qualifications prescribed for combined subject of Maths – Science for appointment on the post of Shikshan Sevak are challenged in the present petitions.
B] FACTUAL MATRIX :
2. The petitioners have completed their graduation in following subjects:-
Petitioners in Writ Petition No.7790 of 2019
2. Roshani Milind Kochure - Microbiology
3. Shital w/o. Mangesh Gurav - Microbiology
4. Manisha Amit Gade – Agricultural Science Petitioners in Writ Petition No.10388 of 2019
5. Sumit Gokul Nannavare - Computer Science.
6. Mahendra Vinayak Dhalape - Computer Science.
3. The petitioners also hold the qualifications of Bachelour of Education. They have also cleared Teachers Eligibility Test (in short ‘TET’) as well as Teachers Aptitude and Intelligence Test (in short ‘TAIT’). It is their case that both the subjects of Mathematics and Science were covered while acquiring the qualifications of B.Ed. as well as while clearing TET and TAIT.
4. The State Government issued Government Resolution dated 25.02.2019 thereby prescribing qualifications for appointment of teachers for various standards. For the purpose of the present case, the qualifications prescribed in Schedule ‘B’ to the Government Resolution dated 25.02.2019 for teachers for standard 1st to 5th in respect of subjects of Maths, Science and combined subject of Maths - Science are relevant. As per the Govt. Resolution, the prescribed qualification is degree in Mathematics/Arithmetic for standalone subject of Mathematics. For standalone subject of Science, the prescribed qualification is degree in Physics/Chemistry/Botany/Zoology/Life Sciences/Environmental Sciences. For the combined subject of Maths - Science the prescribed qualification is degree in Mathematics/Arithmetic/Physics/Chemistry/Botany/Zoology/Life Sciences/Environmental Sciences.
5. A corrigendum was issued on 12.06.2019 by which the prescribed qualifications for some of the subjects were revised. For standalone subject of Mathematics, the requisite degree should be in subjects of Mathematics/Arithmetic/Electronics/Computer Science/Information Technology. For standalone subject of Science, the requisite degree should be in the subjects of Physics/Chemistry/Botany/Zoology/Life Sciences/Environmental Science/Microbiology/Biotechnology/Biochemistry/Agriculture Science. So far as the combined subject of Maths-Science, no change is effected in the requisite degree by corrigendum dated 12.06.2019.
6. Thus, as a result of issuance of the Govt. Resolution and Corrigendum dated 25.02.2019 and 12.06.2019, such of the petitioners who are possessing degree in Microbiology, Biotechnology, Biochemistry or Agricultural Science are now eligible to teach standalone subject of Science. The petitioner possessing degree in Computer Science is now eligible to teach standalone subject of Mathematics. However, none of the petitioners are eligible to teach combined subject of Maths - Science. This is precisely the grievance of the petitioners.
DEVELOPMENTS DURING PENDENCY OF THE PETITION:
7. This Court passed order dated 04.11.2019 and made following observations:
The State Government is entitled to prescribe higher qualifications than the minimum qualifications prescribed by NCTE and to prescribe qualifications suited to teach particular subjects.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
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