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IN THE HIGH COURT AT CALCUTTA
Amrita Sinha, J.
Swarnajit Basu & Ors. – Petitioners
Versus
Union of India & Ors. – Respondents
WPA 165 of 2021 CAN 5 of 2022
Decided On : 19-04-2024
B.Ed Qualification - Teacher Eligibility - The court set aside a notification requiring B.Ed qualified teachers to undergo a bridge course for eligibility as primary teachers. The Supreme Court clarified that the judgment would have prospective operation and protected the employment of B.Ed qualified teachers appointed before the judgment.
Fact of the Case:
The writ petition challenged a notification requiring B.Ed qualified teachers to undergo a bridge course for eligibility as primary teachers.
Finding of the Court:
The court deferred delivering judgment until the issue was resolved by the Supreme Court. The Supreme Court set aside the notification and clarified that the judgment would have prospective operation, protecting the employment of B.Ed qualified teachers appointed before the judgment.
Issues: The issue was whether B.Ed qualified teachers were required to undergo a bridge course for eligibility as primary teachers, and the fate of teachers already appointed with B.Ed qualification.
Ratio Decidendi: The court held that the B.Ed qualification was not considered as 'qualification' for teachers at the primary level, and the judgment would have prospective operation, protecting the employment of B.Ed qualified teachers appointed before the judgment.
Final Decision: The writ petition and connected application stand disposed of, and the fate of teachers already appointed with B.Ed qualification has been decided in compliance with the Supreme Court's order.
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 the purview of the eligibility of the teachers in primary schools as B.Ed was not considered as ‘qualification’ for teachers at primary level. The inherent pedagogical weakness in B.Ed courses for primary classes, is well recognized, and it is for this reason that the B.Ed trained teachers were required to undergo six-month training in elementary classes within the first two years of their appointment.
4. The Hon’ble Court, though set aside the impugned notification, but did not specify as to whether the teachers who were already appointed with B.Ed qualification would continue in service or not. The undecided issue gave rise to a further round of litigation.
5. Application for clarification was filed before the Hon’ble Supreme Court and vide order dated 8th April, 2024 the Hon’ble Supreme Court was pleased to clarify that the judgment delivered by the Court on 11th August, 2023 shall have prospective operation only for those candidates who were appointed without any qualification or condition imposed by any Court of law to the effect that their appointment would be subject to the final outcome of the case which might have been instituted by them and such candidates were in regular employment without any disqualification and were appointed in pursuance of an advertisement where B.Ed was stipulated to be a valid qualification.
6. The Court was pleased to specify that service of only such candidates shall not be disturbed because of the judgment. The benefit is restricted only for the candidates appointed prior to 11th August, 2023. Mere selection of such candidates or their participation in the selection process will not entitle them to get the benefit of the order. The Supreme Court laid down that the candidates having B.Ed qualification and whose appointments were protected by virtue of the said judgment, will have to undergo a bridge course within a period of one year from the date of the order i.e. within 7th April, 2025.
7. The Court held that equity demands retention of employment of the teachers appointed with B.Ed qualification as per the criteria set out in the recruitment notice.
8. In view of the authoritative decision laid down by the Hon’ble Supreme Court vide order dated 8th April, 2024 in Miscellaneous Application Diary no. 4303 of 2024 in C.A. no. 5068 of 2023 (Devesh Sharma –vs-Union of India & Ors.), the fate of the teachers who were already appointed with B.Ed qualification prior to 11th August, 2023 has been decided. All the parties are directed to act in strict compliance of the direction passed in the said order.
9. No further issue is left to be decided in the instant writ petition and the connected application. Hence, the writ petition along with connected application stands disposed of.
10. No costs.
11. Urgent certified photocopy of 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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