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IN THE HIGH COURT OF CALCUTTA
Amrita Sinha, J.
Swarnajit Basu And Others - Appellant
Versus
Union Of India And Others - Respondent
WPA No. 165 of 2021, CAN 2, 3, 4 of 2022
Decided On : 20-01-2022
Recruitment Process - B.Ed Qualification - Right of Children to Free and Compulsory Education act, 2009 - NCTE Notification - Article 14 of the Constitution - [SUMMARY OF ACTS AND SECTIONS REFERENCED]
Fact of the Case:
The writ petitioners sought to restrain the West Bengal Board of Primary Education from publishing any panel or merit list or recommending or recruiting candidates with B.Ed qualification for filling up 738 vacancies of assistant Teachers in primary schools. The petitioners argued that B.Ed qualification is not equivalent to a two-year diploma in elementary education and its inclusion in the recruitment notification was illegal, arbitrary, unjust, discriminatory, and in violation of article 14 of the Constitution.
Finding of the Court:
The Court found that the recruitment process had been ongoing and only 738 vacancies remained to be filled. It held that changing the eligibility criteria at this stage would amount to unreasonable discrimination and that the petitioners were ineligible to participate in the recruitment process. The Court also emphasized the binding effect of the Hon'ble Supreme Court's decision on the NCTE notification, and the need for natural justice and hearing all parties before passing any order.
Issues: The issues revolved around the legality of including B.Ed qualification in the recruitment notification, the impact of the Rajasthan High Court's decision on the NCTE notification, and the eligibility of the petitioners to participate in the recruitment process.
Ratio Decidendi: The Court's decision was based on the principle of maintaining uniformity in the application of recruitment rules, the binding effect of the Hon'ble Supreme Court's decision, and the importance of natural justice and hearing all parties before passing any order.
Final Decision: The Court disposed of the application, directing the respondents to file affidavits in opposition within a specified period and treating the matter as ready for hearing thereafter.
JUDGMENT
1. The aforesaid two applications have been filed for addition of parties in the pending writ petition. The applicants in the aforesaid applications claim to be similarly placed as the applicants in CaN 1 of 2021.
2. The Court, by order dated 19th February, 2021, was pleased to allow CaN 1 of 2021 by adding the applicants therein as party respondents in the writ petition.
3. In the same line, the aforesaid applications for addition of parties stand allowed. The applicants in CaN 2 of 2021 and CaN 3 of 2021 are added as party respondent in the present writ application.
CaN 2 of 2021 and CaN 3 of 2021 accordingly stand disposed of.
4. Learned advocate for the petitioners is directed to amend the cause title of the writ petition accordingly and serve a copy of the writ petition upon the learned advocate appearing on behalf of the added respondents.
CaN 4 of 2022
5. The present interlocutory application has been filed by the writ petitioners praying for an order restraining the West Bengal Board of Primary Education (herein after referred to as the 'Board' for the sake of brevity) from publishing any panel or merit list or recommending or recruiting the candidates having B.Ed qualification for filling up 738 vacancies of assistant Teachers in primary schools under various District Primary School Councils.
6. The writ petition originates from the recruitment notification dated 23rd December, 2020 published by the Board for filling up the vacant 16,500 posts of Primary Schools Teachers from candidates possessing inter alia B.Ed qualification.
7. In the writ petition the petitioners prayed for a declaration that B.Ed qualification is not equivalent to two-year diploma in elementary education and thus inclusion of B.Ed training qualification in the
8. recruitment notification dated 23rd December, 2020 is illegal, arbitrary, unjust, discriminatory and in violation of article 14 of the Constitution.
9. Prayer has also been made for not giving effect and/or further effect to the requirement of possessing B.Ed qualification for recruitment of assistant Teachers in primary schools pursuant to the recruitment notification dated 23rd December, 2020.
10. Prayers for passing interim order were also made in the writ petition.
11. The petitioners were prompted to file the interlocutory application after getting knowledge of the judgment delivered by the Hon'ble Division Bench of the
12. High Court of Rajasthan on 25th November, 2021 in D.B. Civil Writ Petition No. 1853 of 2021 along with a bunch of other writ petitions wherein the Hon'ble Division Bench was pleased to set aside the impugned notification of NCTE dated 28th June, 2018.
13. By the notification dated 28th June, 2018, NCTE, in exercise of powers conferred by sub-Section 1 of Section 3 of Right of Children to Free and Compulsory Education act, 2009 and in pursuance of the notification issued by the Department of School Education and Literacy, made certain amendments in the NCTE notification dated 23rd august, 2010. By the said amended notification, candidates possessing graduation degrees with at least 50% marks and Bachelor of Education were considered eligible for being appointed as primary school teachers.
14. The said amended notification also laid down that candidates who acquired the qualification of B.Ed from any NCTE recognized institution shall be considered for appointment as teacher in classes I to V provided, the person so appointed as teacher shall mandatorily undergo a six-month Bridge Course in Elementary Education recognized by NCTE, within two years of appointment as primary teacher.
15. according to the petitioners, appointment of primary school teachers should be from candidates possessing D.El.Ed and not B.Ed qualification.
16. The petitioners submit that as the notification dated 23rd June, 2018 has been set aside by one of the High Courts of the country, the said notification cannot be subsequently relied upon by the respondents for recruitment of primary school teachers.
The main legal point established in the judgment is the importance of maintaining uniformity in the application of recruitment rules and the binding effect of the Hon'ble Supreme Court's decision on ....
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 B.Ed....
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 court upheld that expired selection panels negate candidates' rights to be considered for appointment, asserting invalid qualifications as per Supreme Court directives.
The cancellation of a specific stage of the recruitment process does not necessarily invalidate the entire process, and candidates who consciously participate in the process cannot later challenge it....
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