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AMRITA SINHA
Swarnajit Basu – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Amrita Sinha, J.
1. Though hearing of the matter concluded sometime back, but the Court deferred delivering judgment to avoid conflict of decision as the issue in question was pending consideration before the Hon’ble Supreme Court. After order was passed by the Hon’ble Supreme Court the instant judgment is being prepared.
2. The writ petition has been filed challenging the notification of the National Council for Technical Education being no. F NCTE-Regl 012/16/2018 dated 28th June, 2018 whereby candidates possessing qualification of Bachelor of Education (B.Ed) from any NCTE recognized institution was considered eligible for appointment as teachers in classes one to five provided the candidate mandatorily undergoes a six-month bridge course in elementary education recognized by the NCTE within two years of appointment as primary teacher.
3. The Hon’ble Supreme Court in the matter of Devesh Sharma –vs-UOI & Ors. reported in 2023 SCC Online SC 985 vide judgment dated 11th August, 2023 was pleased to quash and set aside the impugned notification dated 28th June, 2018. The Court was pleased to inter alia observe that the B.Ed qualified teachers were essentially kept out from th
The judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
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....
The court upheld the withdrawal of the petitioner's appointment as JBT due to her failure to meet the eligibility criteria established by NCTE notifications.
(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....
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.
The court upheld that expired selection panels negate candidates' rights to be considered for appointment, asserting invalid qualifications as per Supreme Court directives.
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